Respondeat Superior

Definition

Respondeat superior ("let the master answer") is a specific form of vicarious liability that holds an employer liable for the torts of an employee committed within the scope of employment. The critical question is whether the employee was acting in furtherance of the employer's business at the time of the tort. A frolic (a substantial departure) takes the employee outside the scope, while a detour (a minor deviation) does not. Independent contractors generally do not trigger respondeat superior liability.

Example

A pizza delivery driver causes an accident while on a delivery route. The pizzeria is liable under respondeat superior. But if the driver detoured significantly for personal errands, the employer may not be.