Texas Supreme Court Clarifies When Employers are Responsible for Employees’ Negligence

When are employers liable for negligence of their employees? For example, when an employee is driving a company vehicle and gets in a car accident, when can his/her employer be held liable for the injuries caused by the employee? The legal standard – vicarious liability – has been around for a long time, but last week the Texas Supreme Court added a much-needed clarity to it.  In Texas, before an employer can be held liable for its employees’ negligence, the following two questions must be answered: At the time of the negligent act, was the worker an employee (as opposed to an independent contractor) of the employer? At the time of the negligent act, was the worker acting in the course and scope of his or her employment? If the answer to both of these questions is “yes,” then the employer can be held liable for that employee’s negligent conduct.    The “Control” Question. The answer to the first question…

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