Employment Vicarious Liability…Here is how it works
Vicarious liability is one of those terms people hear often but they may never know what
it truly means. Vicarious liability may be asserted in several different scenarios but it is most
commonly used in matters of employment. In Louisiana, the law provides that employers are
vicariously liable for any injuries and/or harm their employees commit while in the course and
scope of their employment duties. This means that employers are responsible for the wrongs
their employees commit, although the employer themselves may not directly be the cause of the
harm. To hold the employer liable, the courts must determine that the injury occurred while the
employee was in the “course and scope” of his employment duties and the Louisiana courts use
four factors to determine “course and scope.”
The Legal Standard: Determining “Course and Scope”
Louisiana Civil Code Article 2320 provides in pertinent part, “Masters and employers are
answerable for the damage occasioned by their servants and overseers, in the exercise of the
functions in which they are employed.” In determining whether an employer is liable for the
actions of his employee, the Louisiana Supreme Court has considered the following factors: (1)
whether the tortious act was primarily employment rooted; (2) whether the act was reasonably
incidental to the performance of the employee’s duties; (3) whether the act occurred on the
employer’s premises; and (4) whether it occurred during the hours of employment. It is not
necessary that all factors be met in order to find liability, and each case must be decided on its
merits.
How Vicarious Liability might impact you
For Employers: If your employees cause any kind of injury or harm that occurs on your worksite, during the employee’s work hours, and is a function of his work related duties or incidental to those duties, you may be responsible to any third party who is injured or harmed by your employee.
For Injured/Harmed persons: You may assert a claim against an employer for any action where
you were injured or harmed by the actions of his employee, when the employee was acting in the
course and scope of his work related duties. If the employee was not within the scope of his
employment duties vicarious liability will not be applied.
Types of cases: Vicarious liability has been asserted in cases involving: slip and fall, bullying,
defamation, sexual harassment, breach of contract, and countless others.
If you think you might have a claim against an employer, or have questions about your legal
rights call the Whaley Law firm today (225)-302-8810.
Sources:
Lebrane v. Lewis, 292 So.2d 216 (La. 1974).
Turner v. State, 494 So.2d 1292 (La.App. 2nd Cir. 1986).
[/fusion_text][/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]