Vicarious liability can help you sue a company when a person it was in control of caused you harm. Using this legal principle, you can be compensated for losses if someone was acting under the direction of an employer or supervisor at the time of an accident. Therefore, vicarious liability can be applied in a lawsuit that, for example, involves getting paid for a car accident in a company car. We’ll explain this legal principle and how it works.
What Does Vicarious Liability Mean?
Also known as imputed liability, it’s a legal rule that holds a third party (a person or company) liable for damages if someone was acting under their direction, supervision, or employment. It generally applies to those who are in control of someone who caused another individual harm. Essentially, this supervisory party is held responsible for the actions of a subordinate.
Common examples of vicarious liability include:
- Employer-Employee: An employer may be vicariously liable if, when the incident occurred, the employee was on the clock, they caused harm while performing an activity under a superior’s direction, and the employer benefited from this activity. The employer is held liable because it’s responsible and could have prevented and/or limited the employee’s harmful actions.
- Partnership-Partner: Each partner acts on behalf of a partnership they form. Therefore, if one partner commits a negligent or wrongful act that results in harm to a third party, the entire partnership can be liable. An example is if two people start a taxi service and one causes an accident (injuring a customer), the partnership would be liable for injuries caused by the crash.
- Corporate Directors and Officers: A corporation can be held liable for torts committed by directors or officers who act on behalf of the organization.
- Parent-Child: Depending on state law, parents can be held responsible if their child vandalizes a building or causes injury to others. States can also set limits on a parent’s level of liability.
- Auto Accidents: You’re legally allowed to let a child or friend borrow your car. However, if they cause an accident while using it, you can be held financially responsible for any injuries that result.
There are, of course, many other examples of vicarious liability. These include a surgeon leaving an instrument inside a patient (the hospital could be liable), an employee at a cafe leaving a refrigerator open that causes food to spoil and sicken a patron (the cafe could be liable), or a trucker delivering cargo causes an accident (the trucking company could be liable).
Proving a party is vicariously liable does not require proving malicious intent. They can be liable even if the incident was accidental.
How Vicarious Liability Factors Into Suing a Company
If you’re suing a company or employer, you need to prove they’re financially liable for the actions of an employee. An attorney needs to prove the employee/employer had an agreement when the incident occurred, the employee was acting under the supervisory control of the employer, and the employee’s actions fall within the scope of their employment. But no matter the nature of the claim, the same general principles apply:
- Qui Facit Per Alium Facit Per Se: In Latin, this means “he who acts through another does the act himself”, meaning the person who authorized the actions that caused damages is financially liable. The person who acted under their authorization may not be held liable.
- Respondeat Superior: Latin for “let the master answer”, this means an individual supervising another may be held financially responsible for that person’s negligent actions. A superior legal relationship can involve an employer or parent.
These doctrines exist to protect personal injury victims. While an employee or a child may not have the resources to compensate one for the harm caused by negligent or wrongful actions, a company or parent generally does. Vicarious liability falls on those who have the resources, such as the ability to buy insurance or take measures to prevent harm but failed to do so. Holding them accountable ensures victims get compensated.
Common Defenses to Vicarious Liability
One defense an employer can use is a detour defense. An example is if a food delivery person enters an office building, uses the restroom, and injures someone while using the door. It’s foreseeable the delivery person could use the restroom in the scope of their work, so the food delivery company can be held liable. A frolic defense is if the delivery driver picks up his child from school and causes an accident in the school parking lot. That’s not part of the driver’s job so their employer wouldn’t be liable.
However, employers often find various other defenses. They can argue the victim was partially responsible for causing their injuries, or claim no other party has responsibly. A victim proven to be solely responsible cannot recover damages from the defendant.
Vicarious liability can apply to a range of situations. However, applying it to a personal injury lawsuit can be challenging. A personal injury attorney can help provide guidance and representation so you receive adequate compensation for your injuries.
Contact The Law Offices of Jacob Emrani
Personal injury lawsuits can be complex, especially when an accident is caused by someone acting under a superior’s direction. Proving vicarious liability can help you win a lawsuit against a company in many types of cases, including car accidents. For example, an employer is often accountable for the actions of a person driving a company car. Over the years, we’ve fought for clients’ rights in a wide range of cases and have won them millions of dollars in damages. If you were injured in an accident, call (888) 952-2952 for your free consultation.