A personal injury claim can quickly turn complicated as liability and damages are assessed. With vicarious liability, a third party can end up involved in the accident claim, which can further slow the claim process and make it more difficult for the injured party to seek compensation. Understanding vicarious liability can help injury victims pursue the compensation they deserve for their losses. 

Vicarious Liability: Defined

Vicarious liability occurs when one party bears liability for the negligent actions of another person or entity. For example, employers often bear liability for employees who commit negligent actions. Though the employer may not have committed the negligent act, they may, nevertheless, bear legal and financial liability for the damages associated with the incident. That means that the party injured in the accident may have the right to file an injury claim against the employer or supervising party, not just the entity or individual that directly caused the accident. 

Examples of Vicarious Liability

Many injury claims can result in a claim for vicarious liability.

Car Accidents Caused by Drivers on the Clock

When a driver gets behind the wheel as part of their job responsibility, whether as a delivery driver or as they travel to a worksite at the request of an employer, that employer may bear liability when the employee behaves negligently behind the wheel. Often, a lawyer will take a close look at the employer’s policies and how they may have impacted the employee’s negligent choices. For example, suppose that the employer had a policy that noted that deliveries had to be completed within a set timeframe. An employee got lost while on their way to the destination, causing them to run behind. They chose to speed to avoid a reprimand at work, resulting in an auto accident. Though the employer did not make the decision to drive recklessly, or have policies encouraging reckless driving, the employer may bear vicarious liability for the incident. 

An Employee’s Actions at Work Lead to Injuries

Even the best employees can inadvertently cause an accident at work. Suppose, for example, that a server trips with a hot tray full of food, spilling it on a patron and causing serious burns. Though the employee did not commit a negligent action, the employer may still bear liability for that event because it occurred at the restaurant and the employee was on the clock at the time of the incident. Likewise, if a construction worker fails to exercise appropriate safety precautions, leading to an accident on the jobsite, the construction company may bear liability for the incident even if the company has policies in place to help reduce the risk of that type of accident. 

A Child Causes Serious Injuries or Property Damage

While employee/employer relationships are the most common cause of vicarious liability, they are not the only examples. Vicarious liability may also apply in cases where a child commits a damaging or negligent act. For example, if a child commits an act of vandalism that leads to significant property damage, the parents may be held liable for those damages, even though they did not commit the negligent act. The parents may also bear liability in cases where the child causes serious injury to another party.

A Single Partner in a Partnership Behaves Negligently

When two or more entities form a partnership, all of those entities can be held liable for the actions of one of the members of that partnership. Suppose, for example, that two people own a restaurant together. One of them accidentally starts a fire in the workplace, causing serious injury to many of the people within. Though both partners did not participate in the incident, they can both be held liable for those damages. 

Defenses to Vicarious Liability

Assigning vicarious liability after an accident can make it easier for the injured party to recover full compensation for all the damages sustained in the incident. However, the liable party and their insurance company may use several defenses to help reduce or eliminate their liability for the incident. 

Employees Acting Outside the Scope of Their Jobs

An employee who commits a negligent while on the clock performing job duties, like the driver who caused an auto accident or the server who spilled a tray of hot food on patrons, may share liability with their employer after an incident. In cases where the employee stepped outside their job duties, however, the employer may not share liability. For example, if the driver involved in an auto accident took a side trip to run a personal errand while on the clock, the employer could argue that the employee was not performing job duties, and that the employer does not bear liability. 

Lack of Employee Liability

Employers who may share vicarious liability for an accident will often fight to reduce the share of that liability accepted by their employee. They may argue that the employee did not cause the accident, which may have occurred due to happenstance. Employers may even try to argue that the injured party caused the accident as a result of their own negligence. 

The Importance of a Lawyer in Cases of Vicarious Negligence

Having an attorney can prove particularly important when an individual needs to file a claim that will include vicarious negligence. A lawyer can investigate the likely cause of the accident, including determining whether an employer or other entity may share liability for the accident. Furthermore, a lawyer can lay out the evidence and the likely cause of the accident in a way that will increase the odds that the insurance company, the liable entity, or the court will clearly see the connection between the entity and the accident. A lawyer’s efforts can significantly increase the compensation recovered by the injured party.