Employers almost always liable for employees
Published 02/26/01

Under New Hampshire law, an employer may be held legally responsible for the acts of an employee committed incidental to or during the scope of his employment. The mere fact that the employer did not authorize the particular act does not free the employer from liability. By way of example, while a company may require its truckers to obey all traffic laws, if a trucker is making a delivery for her employer and in accidentally running a red light hits a pedestrian, the employer is probably vicariously responsible under the legal doctrine of respondeat superior.

If, on the other hand, the employee was to take a company truck over the weekend to help a friend move and ran a red light and hit a pedestrian, it is less likely that an employer would be held vicariously responsible for the employee’s actions (although the employer's insurance on the vehicle might well still come into play).

An employer may also be directly liable for damages resulting from the negligent supervision of its employee’s activities. The employer’s duty to exercise reasonable care to control its employees may extend to activities performed outside the scope of employment.

For example, an employer could possibly be found independently negligent for permitting an employee to temporarily use a company truck for personal reasons if the employee had already shown an inability or unwillingness to properly operate the truck, or the employer was negligent in failing to inspect the truck or find any defects such as faulty brakes which may result in an accident.

An employer needs to take affirmative action to see that, not only are safety guidelines imposed upon the employees, but that the employees follow those guidelines both in keeping a safe workplace for all fellow employees and protecting others from physical harm.

Likewise, employers should consider periodically reviewing their procedures and overseeing employee acts to diminish the risk of an employee committing other torts such as conversion of customer/client monies, misrepresentations, or negligent workmanship.goes here. 

J. Daniel Marr is a director and shareholder at Hamblett & Kerrigan, PA whose legal practice includes counseling businesses and business persons on a variety of legal issues and advocating on their behalf. Attorney Marr is also an adjunct professor at Daniel Webster College where he teaches business law. You can reach Attorney Marr by e-mail at: dmarr@hamker.com

This information is general information and may not reflect the most current legal developments, verdicts or settlements. The information provided should not be relied upon as an indication of the actual state of the law or of future developments. The information contained on the Hamblett & Kerrigan website is for informational purposes only and does not constitute legal advice. If the information referenced may be of legal importance to you, you should consult with an attorney to provide you with legal guidance and opinion as the the effect of the current law upon your situation.