Florida Common Law

Vicarious Liability

When an on-the-job employee causes harm, the employer often answers for it. Here is how vicarious liability works — and why it matters for recovering full compensation.

Attorney-Reviewed Statute Resource
Reviewed by Christopher Walsh, Personal Injury Trial Attorney (Fla. Bar #127459). Last reviewed: June 2026

Employer Responsibility

Under the doctrine of respondeat superior, an employer is responsible for the negligent acts of its employees committed within the course and scope of employment — for example, a delivery driver who causes a crash while working.

The Governing Statute
Respondeat Superior — Florida Vicarious Liability (Common Law)
"Under the doctrine of respondeat superior, an employer is vicariously liable for the negligent acts of an employee committed within the course and scope of employment."
Read the full statute on Online Sunshine →

This matters because the employer is often the party with meaningful insurance and assets, making full recovery possible where the individual employee could not pay.

The "Scope of Employment" Question

  • Was the employee working when the harm occurred? Personal detours ("frolics") can break the chain.
  • Employee vs. independent contractor — a crucial distinction that businesses often dispute.
  • Negligent hiring, retention, or supervision — separate theories that can reach the employer directly.
  • The dangerous instrumentality doctrine for company vehicles, which can also apply.

Frequently Asked Questions

Can I sue an employer for an employee’s negligence in Florida?
Often yes. Under respondeat superior, an employer is vicariously liable for an employee’s negligence committed within the course and scope of employment. This can be crucial for full recovery, since the employer usually has more insurance and assets.
What if the person was an independent contractor in Florida?
That distinction matters. Employers are generally not vicariously liable for true independent contractors the same way as employees — though separate theories, like negligent hiring, may still apply. Businesses frequently dispute worker classification for this reason.

Charged Under This Statute?

A statute on a page is not the same as your case. Talk to an attorney who has handled these charges — free, confidential.

This page summarizes Respondeat Superior for general informational purposes and is not legal advice. Statutes change; while this page is reviewed by a licensed Florida attorney, always verify the current text on the official Online Sunshine source or consult an attorney about your specific situation. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.