Respondent Superior Claims

An injured party may attempt to gain compensation from the employer of the tort feasor. Respondent superior claims transfer liability to the employer. In order to establish a Respondent superior claim the plaintiff must display the employment relationship. The plaintiff needs to present that the tortfeasor was an "ostensible employee" of the defendant at the time of the wrongful incident. An ostensible employee is not a true employment relationship, it is more of the reasonable factor that the individual was authorized to act on behalf of the principal. An "ostensible employee" does not include independent contractors. For example, if an individual is an employee of the federal government, the US government may be liable for the acts of the employees.

Respondent superior claims are a type of strict liability. The employer becomes responsible for the acts of the employee even if the acts or intentional or negligent. The duty of care is not a standard used in these claims. The policy reason for the strict requirement is the deep pockets that are usually available from an employer. Another reason is that an employment entity cannot disclaim responsibility for claims that arise during employment.

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