Legal Question in Personal Injury in Maine
If an employee runs a stop sign in a parking lot on their employers premises while on their way into work which results in bodily injury to a passenger on a motorcycle does this fall under the "Respondeat Superior" law ?
1 Answer from Attorneys
Respondeat Superior is a legal thereory in civil matters, not a law. It is used to create vicarious liability to an employer for the actions of an employee. However, the predicate is that the action was taken in conjunction with employment. So, a pizza delivery driver who causes an accident while making a delivery may subject the employer to liability, but someone simply driving to work does not. I do not think that the location of the accident on the employer's premises makes a difference so long as the intersection itself is proper and complies with applicable code/regulation.
If the issue is really that the driver did not have proper insurance, call me. We may be able to find coverage within the injured party's own insurance. Thank you.
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