Essay on "Negligence and Respondeat Superior"
Essay 2 pages (710 words) Sources: 4
[EXCERPT] . . . .
2d 953 (8th Cir. 1993), two Boy Scouts were injured when playing with metal tubing that was stacked at a campsite owned by the U.S. military and being used for a Boy Scout camping trip. The parents brought suit against the Boy Scouts of America and the United States for negligence, suggesting that the way that the pipes were stacked and the lack of appropriate supervision by the non-paid Scout leaders was negligent. The court stated that, "The test to determine if respondeat superior applies is whether the person sought to be charged as a master had the right or power to control and direct the physical conduct of the other in the performance of the act. If there is no right to control, there is no liability" (989 F. 2d 953, 958). Because there was nothing giving the national Boy Scouts of America the ability to direct or control the actions of the local troop leaders, the court found that there was no agency and therefore no liability under the doctrine of respondeat superior.As the above case describes, the key to respondeat superior is the issue of control. Employers generally direct and control not only what their employees do, but, oftentimes, how they do it. Therefore, in many instances an employee's failure to exercise reasonable care can be linked to improper practices ignored by (and sometimes established by) the employer. Furthermore, the employer is in a better position than a random person to be aware of the employee's propensity for negligence and to take steps to remedy that negligence. As a result, the doctrine of respondeat superior is fair, even though it places a greater burden on employers.
References
Berry, Sahradnik, Kotzas, & B
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Legal Information Institute. (2010). Respondeat superior. Retrieved August 29, 2013 from Cornell University Law School website: http://www.law.cornell.edu/wex/respondeat_superior
West's Encyclopedia of American Law. (2008). Negligence. Retrieved August 29, 2013 from The Free Dictionary website: http://legal-dictionary.thefreedictionary.com/negligence
Wilson v. United States, 989 F. 2d 953 (8th Cir. 1993). Retrieved August 29, 2013 from Open… READ MORE
Quoted Instructions for "Negligence and Respondeat Superior" Assignment:
“Phase 3 DB- Emerging Trends & Issues Deliverable Length: 575 words
You have noticed that an increase in negligence lawsuits has occurred in your industry. The majority of these negligence lawsuits involved employee negligence. Because employers can be held responsible for the negligent acts of their employees, you decide that you want to conduct a department meeting to review the importance of following policies and procedures to avoid situations in which the company can be sued for negligence.
Prepare a handout detailing the following information that you plan on discussing during the meeting, including the following:
Identify and discuss the 4 elements of negligence.
Define respondeat superior, and discuss why this is an important legal concept of which employers should be aware.
Research, cite, and summarize a legal case involving respondeat superior.
Provide your opinion on whether you believe it is fair to hold employers responsible for the negligent acts of their employees
How to Reference "Negligence and Respondeat Superior" Essay in a Bibliography
“Negligence and Respondeat Superior.” A1-TermPaper.com, 2013, https://www.a1-termpaper.com/topics/essay/negligence-respondeat-superior-employers/1111741. Accessed 6 Jul 2024.
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