Home of Lawyer Don
Call Today for a Free Consultation
MENU

Employers Are Responsible for the Negligent Acts of Their Employees

Louisiana Civil Code article 2320 governs an employer’s responsibility for the acts of its employees. Article 2320 states: “Masters and employers are answerable for the damage occasioned by their servants and overseers, in the exercise of the functions in which they are employed.” The article is Louisiana’s version of respondeat superior, which means that the employer is responsible for the wrongful acts of its employees.

A simple example is a store clerk negligently bumping into a customer while the clerk is carrying out his job responsibilities. If a customer suffers injury as a result of the encounter, the store would be liable for paying the customer’s damages because the clerk carelessly caused injury to the customer while the clerk was carrying out his duties. Typical job duties of a store clerk are stocking shelves, retrieving grocery carts, rearranging merchandise or cleaning the floors.

The key is that the employee’s act causing the injury was part of the employee’s duty to his employer. For instance, a store would likely not be responsible for a store employee intentionally hitting a customer because assaulting customers are not job duties of store employees typically. In such a case, the customer would only have a right to sue the employee personally for the physical assault.

If you were injured by an employee and have questions about suing the employer company, contact Law Office of Donald D’Aunoy Jr., LLC today for a FREE consultation: 1000 Veterans Blvd #203, Metairie, LA 70005, Phone: 504-508-6414. Speak directly with an attorney. Attorney Donald D’Aunoy Jr. offers FREE house calls to personal injury clients throughout southeast Louisiana, including Algiers, Amite, Avondale, Belle Chasse, Bogalusa, Boutte, Chalmette, Covington, Cut Off, Destrehan, Edgard, Franklinton, Galliano, Gretna, Hammond, Harahan, Harvey, Houma, Jefferson, Kenner, Laplace, Lacombe, Larose, Luling, Lutcher, Madisonville, Mandeville, Marrero, Marrero, Morgan City, Montegut, New Orleans, Norco, Patterson, Pearl River, Ponchatoula, Prairieville, Raceland, River Ridge, Slidell, St. Rose, Thibodaux, Tickfaw, Westwego. Mr. D’Aunoy is well reviewed on sites such as Avvo and Facebook.

Related Articles