Splitting Tort Liability with Principals and Agents

Under the legal doctrine of Respondeat Superior (Let the Master Answer), principals can be held liable for the wrongs of their agents. This doctrine is most apparent in an employer-employee relationship.

Respondeat superior, which is based on vicarious liability, provides that the employer is liable for the actions of employees within the course of their employment which may result to a tort or civil wrong against a third party.

This means that the injured third party may seek compensation from the employer or principal for any injury or damage he incurred as a result of the employee or agent’s acts or omissions.

It is important to note though, that the negligent act must be committed within the employee’s scope of employment. It must:

• Be authorized by the principal or employer
• Be acting within the scope of their assigned tasks
• Connected with an authorized act although the action is an improper mode of performing it

Here is an illustration of the employer’s liability if the act is performed within the employee’s scope of employment. In case of sexual harassment, most employers are held vicariously liable with their errant employees if they failed to resolve the complaint or enforce the law even if they themselves did not commit sexual harassment.

Further, in case of a tort liability such as in a car accident wherein the employee in the course of his employment (as a truck driver) injures or kills a motorist, the employer would be held responsible for payment of damages. The employer could also be held liable for negligence because as the principal, he is supposed to exert due diligence in the hiring, training, or supervision of his employee.

An exception to this is when the employee is either an independent contractor or that the employee was acting in his accord (assault or battery).

But aside from an employer-employee relationship, the same principle would apply in an agency relationship. An agent is a person authorized by the principal to act in his behalf. Thus, a principal is bound by the actions of his agent. So when the agent commits a tort, the principal is responsible for it as well, even if he did not directly commit the breach or injury.

If you incurred any injury or damage because of an employee’s or agent’s tortious act, you may file a claim for compensation against his employer or agent. Hire a personal injury lawyer to ensure that your case will be handled well.