Employer Liability In New York State
Jed Dietrich, Esq., a Distinguished Member of the Multi-Million Dollar Advocates Forum and His Top Rated Team of Lawyers at the Dietrich Law Firm P.C. Fight to Obtain the Best Result for Victims Who were Seriously Injured Because of Negligent Employees in Buffalo, New York.
Being the victim of an incident, such as a commercial truck accident or nursing home medication error, and suffering serious injuries can be a traumatizing and disheartening ordeal. Accidents often leave victims with lengthy and challenging paths to recovery. Victims may suffer from excruciating pain, huge financial burdens, and stress over obtaining sufficient compensation for their injuries. No one should be forced to pay costly hospital bills, especially while being unable to work or hold a job. Pursuing a personal injury claim against the responsible party or parties may be the only way to start rebuilding your life. With the help of our highly experienced lawyers at the Dietrich Law Firm P.C., you may be able to recover adequate compensation and get back on your feet in no time. Our best of the best team will work to ease all of your concerns by handling every legal aspect of your case.
The first question our veteran attorneys always ask before filing a lawsuit is who is liable. When an employee’s carelessness or negligence causes an accident during the scope of his or her employment, that individual may not be the only party that can be held accountable. The legal doctrine of respondeat superior, meaning “let the master answer” in Latin, places vicarious liability on any 3rd party that had the right or duty to control the individual who caused the accident. Establishing vicarious liability can be especially crucial because employers and their insurance companies are generally the ones with sufficient resources to compensate victims. If you, or a loved one, have been seriously injured because of an employee’s actions, you may be entitled to pursue monetary compensation from both the employee and their employer.
Jed Dietrich, Esq. and his team of battle-tested personal injury lawyers have witnessed the harmful impacts that the injuries suffered by victims can have on them and ultimately their loved ones. After a serious accident, a victim’s top priority should be recovering, and our elite team is here to help with everything else. The Dietrich Law Firm P.C.’s seasoned team possesses the expertise and knowledge necessary to ensure that you are in a position to obtain the highest possible recovery for your damages. This often means holding every conceivable party accountable. Jed Dietrich, Esq. has battled to obtain over $175 Million in verdicts and settlements for victims who were injured in Buffalo, New York, and beyond. Our honorable commitment to exceeding your expectations and delivering an extraordinary outcome is what sets us apart from the competition. The Dietrich Law Firm P.C. offers complimentary lawsuit evaluations and consultations. We will treat you with respect and compassion and help you get through this difficult time. Our veteran team is available 24 hours a day, 7 days a week, at (716) 839-3939 or by filling out the online consultation form.Understanding the Doctrine of Respondeat Superior
Essentially, the legal doctrine of respondeat superior holds employers vicariously liable for accidents caused by employees acting within the scope of their employment. Under respondeat superior, the employer may be responsible for their employee’s negligent or irresponsible acts provided that the conduct is generally foreseeable and a regular occurrence of the individual’s employment. For instance, if a pizza delivery driver crashes into a motorcyclist on his way to deliver food, while the accident was not part of the driver’s job, it happened as the driver was driving within the scope of his employment. Consequently, the pizza parlor could be held vicariously liable for the motorcyclist’s injuries.
Typically, an employee’s actions fall within the scope of employment whenever the rationale behind performing such actions was to further the employer’s interests or complete unavoidable responsibilities to advance the business. In other words, an act executed by an employee that is reasonably necessary or related to such employment would be considered within the scope of employment. Nevertheless, if the employee’s actions were taken for personal reasons, not job-related, the individual’s actions would not fall within the scope of employment. For example, if the same pizza delivery driver goes to a bar to watch football in-between deliveries and, upon leaving the bar, crashes into a pedestrian. In this case, it would be difficult to justify holding the pizza parlor vicariously liable.
WERE YOU, OR A LOVED ONE, SERIOUSLY INJURED IN AN ACCIDENT CAUSED BY AN NEGLIGENT EMPLOYEE IN BUFFALO, NIAGARA FALLS, ROCHESTER, OR OTHER PARTS OF NEW YORK STATE?
CALL JED DIETRICH, ESQ. AND HIS TOP RATED AND HIGHLY EXPERIENCED TEAM OF BUFFALO, NEW YORK EMPLOYER LIABILITY INJURY LAWYERS AT (716) 839-3939 NOW TO OBTAIN THE HELP THAT YOU NEED!
Generally, employers will not be held vicariously responsible for negligent, bad, or malicious acts committed by employees outside the sphere of their job responsibilities. Nevertheless, the negligent hiring doctrine is an important exception that allows accident victims to hold employers liable for a broader range of circumstances, such as unlawful acts and those committed outside the scope of employment. Under negligent hiring, employers are legally responsible for practicing due diligence in hiring, training, and supervising both employees and independent contractors. Employers can breach their duty by hiring or retaining staff who are unfit for a particular position. This includes cases where the employer failed to adequately investigate the potential employee.
When employers are determining if an employee is fit for employment, they must consider the nature of the job and the employee’s ability to accomplish that job without putting themselves or others in danger. When employees fail to meet these standards, they should not be hired. For instance, if a delivery driver has a bad driving record or history of substance abuse problems, the pizza parlor must consider these risks. If the parlor decides to hire the driver anyway and an accident occurs after leaving the bar, the parlor may be held liable for resulting injuries. If the delivery driver had a clean driving history without any problems, but the parlor received numerous complaints about the driver speeding, it would be the parlor’s reasonability to correct or terminate them. Additionally, the parlor is responsible for ensuring that all drivers receive sufficient training on safely performing their duties.
If you, or a loved one, have suffered severe injuries due to a negligent employee, it is crucial to contact Jed Dietrich, Esq., acclaimed as an American Institute of Personal Injury Attorneys 10 Best Attorneys, and his battle-tested team of Buffalo, New York lawyers at the Dietrich Law Firm P.C. to learn more about your legal options. Our highly determined, dedicated, and disciplined team will systematically investigate the circumstances surrounding your injuries to uncover whether an individual was in the scope of his or her employment. You may have the right to seek monetary compensation for your past and future medical bills, lost wages from work, pain and suffering, permanent disfigurement, disability, loss of enjoyment, reduced future earning capacity, and other unanticipated damages. Recognized with a Better Business Bureau A+ Rating, the Dietrich Law Firm P.C. will fight to obtain the best result for your injuries and resulting damages. Contact the Dietrich Law Firm P.C.’s seasoned attorneys today for your free consultation. We are available 24 hours per day and 7 days per week by calling (716) 839-3939 or by filling out the online consultation form.
Call the Dietrich Law Firm P.C. immediately at (716) 839-3939 so that our aggressive, tenacious and hardworking personal injury lawyers can fight to obtain the best result for your personal injury claim in Buffalo, New York. We are available 24 hours a day, 7 days a week, and there is never a fee until we WIN for you!