Can an employer be held liable for injuries sustained by an employee as a result of negligence?

California, United States of America


The following excerpt is from Lisa M. v. Henry Mayo Newhall Memorial Hospital, 12 Cal.4th 291, 48 Cal.Rptr.2d 510, 907 P.2d 358 (Cal. 1995):

[12 Cal.4th 299] Looking at the matter with a slightly different focus, California courts have also asked whether the tort was, in a general way, foreseeable from the employee's duties. Respondeat superior liability should apply only to the types of injuries that are " 'as a practical matter are sure to occur in the conduct of the employer's enterprise.' " (Hinman v. Westinghouse Elec. Co., supra, 2 Cal.3d at p. 959, 88 Cal.Rptr. 188, 471 P.2d 988.) The employment, in other words, must be such as predictably to create the risk employees will commit intentional torts of the type for which liability is sought.

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