QUESTION

If a man walks into a store and states an argument with as employee and the employee hits the man can store be held liable? Why or why not?

Asked on May 20th, 2012 on Business Law - Kentucky
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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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This is a fairly standard first-year torts question in law school. Under a doctrine called "respondeat superior," the employer is liable for the employee's wrongful acts when they are committed in the course and furtherance of employment. The employer's defense in such a case will be that it was not part of the employee's job to punch customers, but that is too simplistic an answer -- part of the employee's job was to resolve issues with customers, and in this case, the employee did so but chose the wrong resolution.
Answered on May 21st, 2012 at 8:34 AM

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