By: Allan M. Siegel
A person who intentionally or negligently hurts someone can be held legally
accountable for the harm. But if the wrongdoer was working on the job
or performing job-related duties at the time, can the employer be held
legally accountable as well? This is a particularly important question
– especially when the wrongdoer lacks insurance coverage and the
personal wealth to pay a judgment.
personal injury law firm that represents victims throughout Washington, DC, Maryland,
and Virginia, we know there are many instances where employer / employee
injury cases can arise. This includes situations involving commercial
drivers who cause automobile collisions, employees who fail to address
potential hazards, and police officers and security guards who use excessive force.
Generally, there are two ways to establish the liability of an employer
in these types of situations:
The first is a legal theory called
respondeat superior. This means that when an employee is doing their job – even if they’re
doing the job badly – if the employee negligently hurts someone,
then the employer is automatically just as responsible as the employee.
- There is also a second way to establish the liability of an employer: to
prove that the employer itself was negligent in hiring the employee, retaining
the employee, or in the training or supervision of the employee. Proving
this theory means showing the jury evidence that the employee had a past
history of negligence or other wrongful conduct that the employer ignored.
In many injury cases our firm has handled, we have represented victims
who were harmed by the negligence of various employees who were employed
by companies. This experience has allowed us to recover millions of dollars
in compensation in these matters, and enables us to handle all types of
employee / employer personal injury and
sexual abuse cases, including those involving harm caused by employees of trucking
and commercial transportation companies, public services, retail stores,
day care facilities,
nursing homes and assisted living facilities,
nightclubs and restaurants, and more.
If you have been wrongfully hurt by someone who was on the job and you
want to learn whether you have the option of suing the employer, you should
contact our Washington, DC personal injury attorneys at Chaikin, Sherman, Cammarata
& Siegel, P.C. for a free consultation.