Can You Sue an Employer for an Employee’s Actions?
In Texas, whether you can sue an employer for an employee’s actions depends on several factors. Generally, the law holds employers responsible for the negligent acts of their employees when those acts occur within the course and scope of employment. This legal principle is known as respondeat superior, which translates to “let the master answer.” The idea is that if an employee’s actions furthered the employer’s business, then the employer should bear the consequences of those actions — even if the employer did not directly authorize or know about the behavior.
For example, if a grocery store employee mops the floor but forgets to put out a “wet floor” sign, and a customer slips and falls, the employer can likely be held liable. The employee was performing duties related to their job — maintaining the store — so the act falls squarely within the scope of employment. However, if the same employee leaves work, drives their personal car to a restaurant for lunch, and causes a crash on the way, that situation is different. The employee was acting for their own personal reasons, not performing work-related duties, so the employer typically would not be responsible.
Things become more complicated when independent contractors are involved. Generally, employers are not liable for the negligence of independent contractors, since these individuals are not under the employer’s direct control. However, exceptions exist. If the employer retained significant control over the contractor’s work, or if the job involved inherently dangerous activities, the employer might still share liability.
Beyond respondeat superior, there are additional legal theories that can make an employer liable even if the worker’s conduct falls outside traditional employment boundaries. For instance, you can sue an employer for negligent hiring (if they failed to vet a dangerous employee), negligent training, negligent supervision, or negligent retention (keeping an employee on staff after knowing they posed a risk). These claims focus on the employer’s own carelessness rather than the employee’s actions alone.
Because these issues often overlap, determining liability in employer-employee situations requires a careful analysis of the relationship between the two, the nature of the work being performed, and whether the conduct in question benefitted the business. An experienced personal injury attorney can investigate these facts, identify potential liability theories, and help you recover from all responsible parties.
