Is an Employer Responsible for an Intentional Assault of an Employee?
In South Carolina, an employer can be held responsible for an intentional tort if it is determined that the employee was within the scope of his employment, or trying to further his employer’s business. An example would be a gas station attendant running down someone trying to take off with gas and doing serious harm to them. The seminal case in South Carolina is Crittenden v. Thompson-Walker Co. 288 SC 112, 341 S.E.2d 385 (Ct. App. 1986). The pertinent quote is below:
"[I]t is not necessary to find the particular act creating liability was within the servant’s authority. Nor is it necessary that the assault could have been made as a means or for the purpose of performing the work the servant was employed to do. "If the servant is doing some act in furtherance of the master’s business, he will be regarded as acting within the scope of his employment, although he may exceed his authority." On the other hand, if the servant acts for some independent purpose of his own, wholly disconnected with the furtherance of his master’s business, his conduct falls outside the scope of his employment. If there is doubt as to whether the servant in injuring a third party was acting at the time within the scope of his employment, the doubt will be resolved against the master, at least to the extent of requiring the question to be submitted to the jury for determination. (emphasis added).
