May 4, 2022
As a general rule, an employer is responsible for the negligent acts of their employee while the employee is in the scope and course of their employment. In any personal injury case, including an auto accident, it is vital to determine if the employee causing the injury was working at the time of their negligence. What constitutes “scope and course of employment” can be a complicated factual issue at times, while at other times can be quite evident. To complicate things even further, some workers may appear to be employees but are actually independent contractors. Whether a worker is an employee or independent contractor can also be a complicated factual issue. Through the discovery process, the Plaintiff’s attorney will send interrogatories and take depositions to determine the status of the worker causing the negligence. If the worker is an employee and was in the scope and course of their employment, then the employee’s negligent acts are imputed to the employer.