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Where a general employer is in the business of hiring its employees out under the supervision of others, the general employer remains liable for the "borrowed" employees' torts under La. Civ. Code Ann. art. 2320.
Plaintiff employee was injured by the negligent acts of a borrowed employee employed by a general employer but working under the supervision of the special employer. The employee filed suit and the trial court found for the general employer. The employee appealed and the lower court affirmed. Plaintiff employee challenged the decision.
Under the circumstances, could the general employer be held liable for the torts of a "borrowed" employee?
On further appeal, the court reversed and remanded the case, holding that both the special and the general employers could be held liable for the torts of a "borrowed" employee. Where a general employer was in the business of hiring out its employees under the supervision of another employer, it remained liable for the torts of the "borrowed" employees. The court held that the labor provided by the general employer was its product, and the general employer should have borne the expenses and risks associated with its product, as well as reaping the benefits derived therefrom. The general employer's failure to exercise direct supervisory control over its employee should not have precluded its liability.