What Is Respondeat Superior?
Respondeat superior is a Latin legal doctrine meaning “let the master answer.” It holds employers vicariously liable for the negligent acts of their employees when those acts occur within the scope of employment. In personal injury terms: if a UPS driver, delivery worker, or company rep causes a crash while on the clock, the employer faces the same liability as the driver.
How It Works Under Arizona Law
Arizona courts apply respondeat superior when three conditions are met: (1) there is an employer-employee relationship (not independent contractor), (2) the employee was acting within the scope of their employment at the time, and (3) the employee’s negligence caused the harm. Arizona courts have interpreted “scope of employment” broadly to include authorized detours and activities reasonably incidental to the job.
For independent contractors, employers are generally not vicariously liable—but Arizona courts look at the substance of the relationship, not just the label. Misclassified workers may still create employer liability.
How It Affects Your Personal Injury Case
Respondeat superior matters enormously in practice because it expands the pool of defendants and available insurance. A delivery driver may carry a $50,000 personal auto policy; their employer may carry a $2 million commercial liability policy. Suing the employer (with deeper pockets and better insurance) is almost always the strategic move in a vehicle accident involving a commercial driver.
Example Scenario
A FedEx driver runs a red light in Phoenix and T-bones your car. The driver is an employee delivering packages during their shift—clearly within the scope of employment. Under respondeat superior, FedEx is jointly liable with the driver. FedEx’s commercial fleet policy has significantly higher limits than the driver’s personal coverage, making it the primary target of recovery.
Frequently Asked Questions
Does respondeat superior apply if the employee was commuting to work?
Generally, no. The “going and coming” rule holds that commuting to and from work is not within the scope of employment. Exceptions exist when the employee is running a work errand during the commute, using a company vehicle, or is on call. Arizona courts examine the specific facts to determine scope.
Can I sue both the employee and the employer in Arizona?
Yes. You can typically name both the employee and the employer as defendants. Arizona’s several liability rules (ARS § 12-2506) then allocate fault between them. As a practical matter, the employer’s commercial insurance policy is usually the source of meaningful recovery.
Have questions about employer liability in your accident? Call Wood Injury Law at (623) 207-0000 for a free case review.