Respondeat superior only applies to employment relationships, not the relationship between a company and an independent contractor. However, most courts consider multiple factors when determining whether an employment relationship exists for purposes of applying vicarious liability.

What are two exceptions to respondeat superior?

However, there are exceptions to the respondeat superior doctrine. One exception is the “going and coming” exception which states that an employee commuting to or from work is outside the scope of employment.

Who will not be liable when it comes to the doctrine of respondeat superior?

The US Supreme Court held in Ashcroft v. Iqbal, 556 U.S. 662 (2009), that government officials could not be held liable for the unconstitutional conduct of their subordinates under a theory of respondeat superior.