Question 1

How does employment liability work under respondeat superior in Florida?

Accepted Answer

Employment liability: the employer is vicariously liable for: negligent driving by an employee (if the employee was driving as part of their job duties), workplace injuries caused by employees (if the employee’s negligence injures a co-worker or third party), and professional negligence (if an employee professional, such as an attorney or accountant, commits malpractice while performing job duties). The employer’s liability is: joint and several (the plaintiff can recover the full amount from either the employer or the employee), and the employer can seek contribution from the employee (the employer can sue the employee for the amount paid).

Question 2

What is the independent contractor exception in Florida?

Accepted Answer

IC exception: employers are generally NOT liable for the torts of independent contractors. The test: the employer’s right to control the manner and means of performing the work (if the employer controls how the work is done: employee; if the contractor controls how: IC). Factors: does the employer provide tools and equipment, does the employer set the work schedule, does the employer pay by the hour or by the project, and does the worker serve multiple clients. Exceptions: non-delegable duties (the employer cannot delegate certain safety obligations), inherently dangerous activities, and negligent hiring or retention of the contractor.

Question 3

What is negligent hiring in Florida?

Accepted Answer

Negligent hiring: separate from respondeat superior, an employer can be directly liable for: negligently hiring an employee (failing to conduct a reasonable background check), negligently retaining an employee (keeping an employee after learning of their dangerous propensities), negligently supervising an employee (failing to monitor an employee’s conduct), and negligent entrustment (providing an employee with a dangerous instrumentality, such as a vehicle, knowing the employee is incompetent). Negligent hiring liability: applies even when the employee acts outside the scope of employment (because the liability is based on the employer’s own negligence, not the employee’s).

Respondeat Superior Employment Liability

Employment Liability Under Respondeat Superior in Florida

Employer Liability

IC Exception

Negligent Hiring

Related Terms

Barnes Walker Business Law

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