Employer Liability for Employee Acting Outside the Scope of Employment

Transcript: Hi, I’m Indiana personal injury attorney David Holub.

This video discusses the subject of whether employers can be responsible legally for wrongful conduct on the part of their employees that is outside the scope of the employee’s employment engagement. In general, employers are not normally liable for conduct that employees do that is outside of the scope and nature of their employment.

However, Indiana has an exception to that which is generally referred to as the common carrier exception.

The exception applies when an employer has assumed, at least under the law, what is considered a non-delegable duty to protect the safety of the person that’s injured. In such a circumstance, if the employer has that non-delegable duty assumed on its part, then the conduct of the employee that is wrongful, even if outside the scope of the employment arrangement, can be attributed to the employer and the employer can be found legally responsible.

Examples of cases where this might apply would be a railroad, a case where you’re on a common carrier like an airline, or you’re at an inn, or hotel, circumstances of that nature.

Even if you’re being held by the police or you’re being held in a mental facility for an evaluation. In these circumstances, if employees do things that are beyond the scope of their employment, the employer may be held legally responsible.

These cases are difficult to sort through, however, and we suggest that you call an attorney if you have a question about this potential type of case. I hope this video’s been helpful to you.

We have several other types of videos on our website. Feel free to access them and to call us if you have questions about injury claims.