Legal term

Respondeat superior

Respondeat superior is the vicarious-liability doctrine making employers liable for employees’ torts committed within the scope of employment, typically excluding independent contractors. Municipalities are not liable under § 1983 on a pure respondeat superior theory; liability requires a policy or custom. See LII Wex and Monell.

Rule to remember

Respondeat superior: a doctrine holding an employer or principal liable for an employee’s or agent’s tort committed within the scope of employment or agency.

Key elements and checks

In the source’s words

“Respondeat superior applies to employees, but not to independent contractors.”

respondeat superior | Wex | LII

“a municipality cannot be held liable solely because it employs a tortfeasor”

Monell v. Department of Social Services, 436 U.S. 658 (1978) | LII

Meaningful state variation exists in defining “scope” (e.g., benefit-to-employer vs. characteristic-of-the-job tests). Always check the governing jurisdiction’s formulation and any statutory overlays.

Sources