As an experienced Maryland trial lawyer, I have handled a number of cases when a store clerk has attacked a customer. One case involved a male cashier attacking a pregnant women. Another case involved a cashier arguing over price with an elderly lady and jumping the counter and beating her. Under these circumstances, personal injury lawyers struggle over who to sue and who pays? Although the law is complex, I have found that when properly pled, most of the time the company or employer can be found responsible.
Under Maryland law, “an employer is ordinarily responsible for the tortuous conduct of [an] employee committed while the servant was acting within the scope of the employment relationship.” An employer is responsible for willful and reckless wrongful employee acts if that act is performed within the scope of employment and in furtherance of the employer’s business. The Maryland courts have held that “[A]n act may be within the scope of employment, even though forbidden or done in a forbidden manner…, or consciously… tortious (sic).”
In addition to compensatory damages, the employer can also be held responsible for punitive damages for an employee’s tortuous acts committed within the scope of employment, even where the employer does not authorize the employee’s conduct. An imposition of punitive damages on an employer for the tortuous acts of its employees serves to prevent future employee misconduct by encouraging astute supervision. The key issue, most often litigated is was the employee acting within the scope of her employment?
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