Most people think of wrongful death claims as being brought against the individual who caused a fatal accident. In many cases, though, that individual was acting on behalf of a company when the death occurred, and the employer may share or bear primary responsibility for what happened. Louisiana law provides several legal theories under which employers can be held accountable in wrongful death cases, and identifying those theories early in a claim can significantly expand the available compensation.
Kiefer & Kiefer handles wrongful death claims throughout Louisiana and understands how employer liability applies across a range of fatal accident scenarios.
Respondeat Superior: Liability for Employee Actions
The most direct path to employer liability in a wrongful death case is through the doctrine of respondeat superior, which is well established under Louisiana law. Under this doctrine, an employer is vicariously liable for the negligent acts of an employee committed within the course and scope of their employment.
If a delivery driver runs a red light and kills a pedestrian while making a scheduled delivery, the employer is liable along with the driver. The same applies to a construction worker who causes a fatal accident while operating company equipment, or a truck driver whose fatigued driving leads to a fatal crash while hauling freight.
The key question is whether the employee was acting within the scope of their job duties at the time. Detours for personal errands or off-the-clock conduct can complicate this analysis, but courts look at the totality of circumstances rather than a rigid formula.
Negligent Hiring, Retention, and Supervision
Beyond vicarious liability, Louisiana recognizes independent negligence claims against employers who hired a worker they knew or should have known posed a risk to others, kept an employee on staff after learning of dangerous conduct or a disqualifying history, or failed to adequately train or supervise employees performing hazardous tasks.
These claims are particularly relevant in trucking cases where a carrier hired a driver with a history of violations, or in security cases where a company employed someone with a violent background in a position involving public contact.
Negligent Entrustment
When an employer provides a vehicle or piece of equipment to an employee who is unfit to operate it safely, and that unfitness leads to a fatal accident, the employer may face a negligent entrustment claim. This theory requires showing that the employer knew or should have known the employee was incompetent and that the entrustment of the vehicle was a cause of the death.
Why Employer Liability Matters for a Wrongful Death Claim
Individual defendants often carry limited personal insurance or assets. Employers, particularly corporate entities, typically carry substantially higher liability coverage and have deeper resources to satisfy a judgment. Identifying and pursuing employer liability in a wrongful death claim can be the difference between a recovery that adequately supports a grieving family and one that falls far short.
A New Orleans wrongful death claim lawyer can investigate the employment relationship, review company records, and identify all liable parties in cases where an employee’s conduct caused a fatal accident. If your family lost someone in an accident involving a worker acting in the course of their employment, speaking with a New Orleans wrongful death claim lawyer can help you understand the full scope of available compensation under Louisiana Civil Code Article 2320.
