Maryland Injury Law-When is an Employer Responsible When a Negligent Employee Causes an Accident?

 Posted on July 24, 2008 in Personal Injury

Experienced Maryland plaintiff’s personal injury lawyers know to sue the employer when its employee commits an act of negligence causing personal injury. Often times the injured victim can recover damages from the employer if the tortuous act was committed by an employee acting within the scope of the employment relationship. In Maryland, this is called the doctrine of respondeat superior.

The doctrine of respondeat superior, in Maryland, allows an employer to be held vicariously liable for the tortuous conduct of its employee when that employee was acting within the scope of the employment relationship. With regard to the negligent use of motor vehicles in a respondeat superior claim, the State of Maryland recognizes that a master can be held liable for the negligent operation of a servant’s motor vehicle if the master expressly or impliedly consents to the use of the automobile, and……had the right to control the servant in its operation, or else the use of the automobile was of such vital importance in furthering the master’s business that his control over it might reasonably be inferred. Thus, the doctrine of respondeat superior may be properly invoked if the master has expressly or impliedly, authorized the [servant] to use his personal vehicle in the execution of his duties, and the employee is in fact engaged in such endeavors at the time of the accident.

When the plaintiff’s lawyer can properly establish this relationship between the employer and the employee, a personal injury victim can collect for damages against the employer. For more information on this topic, please contact an experienced Maryland personal injury lawyer.