Strategies, Challenges, and Answers

Will The Wider Availability Of Driver Qualification Data Encourage More Claims Of Negligent Hiring?

If the carrier admits vicarious liability will the jury get to hear evidence of negligent entrustment? The new CSA 2010 systems will gather and store more data on drivers than ever before. Even though the regulations themselves suggest that such data should not be admissible, plaintiff’s attorneys will never overlook the chance to try and stir the emotions of the jury by pointing to what they consider an inadequate driver history . . .

Are Negligent Hiring, Supervision, Or Retention Viable Causes Of Action When The Employer Admits That The Employee Was In The Course And Scope Of Employment?

When an employee causes an injury accident, Plaintiffs almost always target the employee as a Defendant in the suit. If they know about the employment relationship, Plaintiff’s attorneys will name the employer as well. Most common is a cause of action for…

Respondeat Superior

Employers can be held liable for negligent acts of employees under a legal theory of vicarious liability known as respondeat superior.  In simple terms, this means that if an employee, while acting within the course and scope of his employment, is negligent, the employer will be legally responsible for the damages suffered. Nevada even has […]