Legal Question in Employment Law in New York
are employers liable for employees actions
i was assulted by a wheelchair van driver while he was working. what is his employer liable for if anything and what is he liable for? ie. the damages to my car, my hospital bills, pain and suffering?
3 Answers from Attorneys
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.