Legal Question in Employment Law in New York

Re: are employers liable for employees actions

The company can be liable for the actions of the van driver if the van driver's actions were within the scope of his employment. These cases are very fact specific and while its not within anyone's job description to hit someone, whether its within the scope of employment depends on what happended before. I have handled these cases with good results in the past and we handle the cases on a contigency basis. If you wish to speak to me about the case, please call me on Monday at 212-622-7180. I will be out of the office until then

Re: are employers liable for employees actions

The employr would be liable if a) he was aware his employee had violent propenisities but hired him anyway and/or b) The employee was acting within the scope of his employment when you were assaulted.

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Re: are employers liable for employees actions

In New York an employer is not vicariously liable for the intentional torts of an employee, unless they were reasonably forseeable in that type of employment.

It depends on the facts of the assault. If the driver just punched you in a fight, he could be liable, but not his employer. That would be different if he were a bouncer.