AZ Common Law Causes of Action RESPONDEAT SUPERIOR (2011)

• Jurisdiction: Arizona

RESPONDEAT SUPERIOR

Elements

“An employer is vicariously liable for the negligent or tortious acts of its employee acting within the scope and course of employment. Conduct falls within the scope if it is the kind the employee is employed to perform, it occurs within the authorized time and space limits, and furthers the employer’s business even if the employer has expressly forbidden it.” Baker ex rel. Hall Brake Supply, Inc. v. Stewart Title & Trust of Phoenix, Inc., 197 Ariz. 535, 540, ¶ 17, 5 P.3d 249, 254 (App. Div. 1, 2000). See also Ortiz v. Clinton, 187 Ariz. 294, 299, 928 P.2d 718, 723 (App. Div. 1, 1996).

See also RESTATEMENT (THIRD) OF AGENCY § 7.07.

Proof

“The general rule is that while an employer is liable for the negligence of its employee under the doctrine of respondeat superior, an employer is not liable for the negligence of an independent contractor.” Wiggs v. City of Phoenix, 198 Ariz. 367, 369, ¶ 7, 10 P.3d 625, 627 (2000).

“The vicarious liability determination in this matter is governed by Arizona’s ‘loaned servant’ or ‘lent employee’ doctrine. Under this doctrine, an employee of a ‘general’ employer who is ‘loaned’ to a ‘special’ employer is treated as the employee of the special employer rather than the general employer for purposes of respondeat superior. Thus, generally only the special employer would be held vicariously liable for the employee’s torts.

However, the general employer may be held vicariously liable for a lent...