Which doctrine imposes liability for employee actions?

• A. Res Ipsa Loquitur
• B. Negligent entrustment
• C. Vicarious liability
• D. Respondeat Superior

Answer: (D)

Respondeat superior is the doctrine that imposes liability on an employer for the actions of its employees when those actions are performed within the scope of employment. This is a form of vicarious liability, meaning the fault lies with the employer for the risks created by the work they supervise. To apply it, there must be an employer-employee relationship, the conduct must occur during work and in furtherance of the employer’s business, and the act must be a tort or wrongful act. When these elements line up, the employer can be held liable even if the employee acted negligently or even intentionally, because the employment relationship itself creates the risk. If the employee strays on a purely personal detour or acts far outside the scope of work, the employer’s liability may not attach. Independent contractors are typically outside this rule, unless special circumstances apply, such as a nondelegable duty or negligent entrustment. Res ipsa loquitur describes proving negligence by inference from the accident itself, not imposing liability on an employer for employee actions. Negligent entrustment involves holding the person who entrusted a dangerous instrumentality liable for giving it to an unfit person, not the general employer–employee relationship.