Under the doctrine of respondeat superior, an employer may be vicariously liable for the negligence of its agent or employee who was acting within the scope of employment even though the employer did not personally commit a wrong. But a person or entity that hires an independent contractor is generally not vicariously liable for the tort or negligence of that person. The right of control is the "supreme test" for determining whether a master-servant relationship exists.
Texas law generally imposes no duty to take action to prevent harm to others absent certain special relationships or circumstances. However, one who voluntarily undertakes an affirmative course of action for the benefit of another has a duty to exercise reasonable care that the other's person or property will not be injured thereby.
An employer has a duty to adequately hire, train, and supervise employees.