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LSDefine

Simple English definitions for legal terms

borrowed servant

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A quick definition of borrowed servant:

A borrowed servant is an employee who agrees to work for another employer temporarily. The borrowing employer has control over the employee's work and is responsible for their actions. This employee may also be called a loaned employee or special employee.

A more thorough explanation:

A borrowed servant is an employee whose services are lent to another employer who temporarily assumes control over the employee's work. This means that the employee works for a different employer for a short period of time, with their consent. The borrowing employer is responsible for the employee's actions during this time, under the doctrine of respondeat superior.

For example, if a construction worker is hired by a subcontractor but is then lent to the general contractor for a specific project, they become a borrowed servant of the general contractor for the duration of that project. If the worker causes damage or injury during that time, the general contractor is responsible for any liability.

Another example of a borrowed servant is a nurse who is employed by a staffing agency but is then lent to a hospital for a specific shift. During that shift, the nurse is considered a borrowed servant of the hospital and the hospital is responsible for any liability that may arise.

borrowed employee | borrowed-statutes doctrine

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