Why Employers Are Liable for Employee Negligence: The Role of Supervision and Responsibility

Understanding Employer Liability Through Parental Responsibility

Think of it this way. Your 15-year-old child is playing in the yard and accidentally throws a ball through the neighbor’s window. In this scenario, who is liable for the broken window? It would be the child’s parents or guardians, as the child is considered a minor. With employees and employers, the principle is fundamentally the same.

So, think of the employer as parents or guardians and the employees as the children. As parents or guardians, here the employer takes responsibility for the actions of the children, which in this case are the employees. This means that while under the employ of the company, the employees are the “kids” whose actions are the responsibility of the employer. Thus, the employer is responsible for any negligence committed by the employees.

Evaluating Employer Liability

Employers have a significant role in the actions of their employees. They choose who does the work, when it will be done, the tools used, and the methods of supervision. If an employer wasn't responsible for their employees’ actions, it would make it nearly impossible to use a company effectively.

For example, imagine you want some plumbing work done in your house. You hire a plumbing company. Because the employer (the plumbing company) is liable for the negligence of their employees, you can rely on the company to ensure the job is done right. But imagine if they weren't liable. Now, you would have to make sure that the people doing the work are qualified, appropriately trained, have the right tools, and are properly supervised. However, if that were the case, why would you bother asking a plumbing company to do the work?

The Key Purpose of a Company

A major purpose of a company that employs people is to take on the liability for their employees' negligence. This allows the people who use that company to not have to worry about a job being done negligently, and it ensures that there is someone to hold responsible. This is a significant aspect of the purpose of a company. Imagine if you ordered something from Amazon and were told, "Sorry, a warehouse worker dropped your item and broke it. Tough break there."

The Role of Supervision

Employers are expected to supervise their employees appropriately to prevent negligence. It is anticipated that employees will inevitably cut corners. Therefore, it is the responsibility of the supervisors to ensure that employees do not compromise the quality of their work.

Proper supervision can prevent negligence and ensure that tasks are completed safely and efficiently. Employers must create a culture of accountability and ensure that their employees understand the importance of following proper procedures and protocols. Effective supervision also includes providing adequate training, clear instructions, and appropriate resources to help employees perform their duties to the best of their abilities.

Conclusion

Employers have a legal and ethical responsibility to take care of the actions of their employees. By holding employees accountable and ensuring proper supervision, employers can protect their company from liability and ensure that the workplace remains safe and efficient. Understanding the role of employer liability is crucial for any business owner or manager to create a productive and responsible work environment.

Frequently Asked Questions (FAQs)

1. Can an employer be held liable for an employee who has acted negligently?

Yes, employers can be held liable for an employee's actions if they had a duty of care and that duty was breached. Employers may be held liable for providing inadequate training or supervision that leads to negligence.

2. What steps can employers take to minimize the risk of employee negligence?

To minimize the risk of employee negligence, employers should ensure that employees are properly trained, supervised, and provided with the necessary resources and equipment. Employers should also establish clear policies and procedures for handling tasks and addressing potential hazards.

3. How does employer negligence differ from employee negligence?

Employer negligence typically involves a breach of the employer's duty of care, such as providing inadequate training or failing to implement proper supervision and safety measures. Employee negligence is when the employee fails to follow proper procedures or exercises poor judgment, which can lead to accidents or breaches of policies.