What is Vicarious Liability in Law?

Vicarious liability or imputed liability, is a legal regulation that holds a party liable for acts committed by its employees or other persons. This doctrine implies that someone else is liable for an associate’s actions, despite not directly committing the negligent act.

Vicarious liability may apply to employer-employee relationships or when a superior is held liable for their subsidiaries. Third parties may also be involved if they have a right or duty to control the actions of a negligent person. Vicarious liability also falls under the respondeat superior doctrine.

If someone was vicariously liable for your losses, contact an experienced attorney to help qualify for a legal claim. Vicarious liability may be hard to prove for multiple parties, but it isn’t impossible with the right legal help.

Examples of Vicarious Liability

Vicarious liability law applies to multiple law practices as long as there’s a principal party and an agent performing the negligent behavior.

A medical misdiagnosis may force the whole hospital to be vicariously liable for your losses resulting from the doctor’s negligence. A delivery driver car accident may force the company employing the driver to sustain liability for their employee’s actions.

In the 1989 Exxon Valdez oil spill case, Exxon shipping company faced vicarious liability for the activity leading to the spill of 10.8 million gallons of crude oil in the Alaskan Ocean, affecting the shore and animal life.

Exxon was liable for their lack of supervision, fatigued crew members, and the state of their radar equipment that may have helped the ship from the wreckage.

In Williams v. Dimensions Health Corporation (2021), the Court of Appeals decided that Dimensions Health Corp was vicariously liable for a surgeon’s negligence in treating the plaintiff’s motor vehicle injuries, inflicting further injuries.

Because vicarious liability law applies to multiple legal areas, it’s key to find the right legal help for your claim.

Who Does Vicarious Liability Apply To?

Vicarious liability applies to where a person or company is responsible for another person’s actions like supervisors, partners, or owners. Below are different relationships in which one is responsible for the actions of another, causing an accident.

Employer-Employee

In an employee-employee relationship, employers are held vicariously liable if their employees cause an accident. Vicarious liability law only applies to employer-employee relationships if the following are true:

• The employee acted within the course of their employment at the time of harm.
• The employee’s harmful actions were within the scope of their job.

A simple example can be a waitress forgetting to check a customer’s ID before serving them alcohol. Her failure to check allowed an instance of underage drinking to occur in the establishment, and the owner is then vicariously liable for the waitress’s actions.

Partnerships

Business partners are often equally liable for each other’s actions unless listed under contract, and may depend on special circumstances.

An example is if two people start an auto body business. One of them is the mechanic who failed to properly inspect a car, causing the driver to get into an accident. Both parties would then be held responsible due to their partner relationship.

Familial Relationships

In most cases, vicarious liability applies to familial relationships, such as one between a parent and child. For example, if the child misbehaves and causes property damage at a store, the parent will be vicariously liable.

There may be more examples of vicarious liability and who it could apply to. The principal party may be in control of the other agent’s actions, and that agent represents the principal.

Who May Be Exempt from Vicarious Liability Law?

Those who are exempt from vicarious liability laws are:

• State governments are typically resistant to civil lawsuits in the United States due to their sovereign immunity.
• Independent contractors are exempt unless the employer was negligent in retaining the contractor, the employer assigned non-delegable assignments to the contractor, or the contractor’s work was highly hazardous.
• Limited partners have exemptions for being liable for wrongful acts of the other party. These partners are often investors and don’t participate in the daily operations of business.
• Employers under special circumstances may not be responsible for their employee’s actions if they act outside the scope of employment. Examples include running errands, committing intentional illicit acts, or violating company policy.

Vicarious Liability in Employment

There are different situations when vicarious liability is under employment law. The employer may have been the principal party controlling the agent’s actions.

For instance, if an employer notices a hostile work environment involving their employee getting harassed by another employee and no action is taken, the employer may be vicariously responsible.

Another example is if a restaurant employee didn’t remind the chef of a customer’s allergies, causing a deadly allergic reaction. The restaurant owner may be vicariously responsible for their employee’s actions.

Vicarious liability may occur between employers and employees if agents were negligent while acting within their scope of employment.

Respondeat Superior vs. Vicarious Liability

Vicarious liability law is closely associated with the respondeat superior doctrine, Latin for “let the master answer.” Respondeat superior is a legal term used when an employer is liable for the negligence of their employees.

For respondeat superior to apply, the negligent act should have occurred within the employee’s scope of employment. An employee acts within the scope of employment when:

• The accident happened while the worker was on-duty.
• The employee’s actions were within the scope of their job, like a failed surgery resulting in a wrongful death lawsuit.
• The employee was doing a service that helped the employer’s interest, like a pizza delivery driver accidentally hitting a pedestrian.

How to Prove Vicarious Liability in Your Legal Claim

Vicarious liability can be proven in a legal claim when it meets the following requirements:

• Employment relationship—the individual who caused the injury or accident must be a worker of the defendant.
• Scope of employment—the worker was performing their duties when they committed the wrongful act.
• Foreseeability—the event should’ve been anticipated when the employee caused the injury while working.
• Control factor—the employer or person in charge should have control or could’ve prevented the employee/agent from causing the accident.

The Court may consider other elements if the defendant was an independent contractor and whether the principal trained the agent. The agent’s actions may have deviated from company regulation, or written contracts may have played a part in the claim.

Is Intent Necessary to Prove?

Malicious intent is not necessary to prove vicarious liability. So long as the relationship between principal and agent is proven, and the agent’s actions are linked to the principal.

Even if the agent’s actions were malicious or reckless, if their actions were job-related, the principal may carry vicarious liability.

Common Defenses to Vicarious Liability

Some common defenses against vicarious liability the employer may use are:

• The employee caused harm outside the scope of employment and was not on-duty.
• The employee performed tasks unrelated to their job duties.
• No employer and employee relationship applies in the accident. The employer could argue that the employee worked as an independent contract worker at the time.
• The employer could argue the accident didn’t directly involve the employee’s negligence.
• The employer can state the victim assumed risk when using their service, such as signing a waiver.
• The employer may state the victim was responsible for their injuries.

Why Vicarious Liability Exists

Vicarious liability law exists to hold those in positions of power liable for their influence indirectly harming others. One individual may not possess enough assets to cover the losses of another person. A company or entity may have such resources.

Respondeat superior states that the one in charge is the principal liable to those under them.

Usually, an individual employee or child can’t compensate those they harmed, especially when they are at work through negligence or illicit acts. However, companies and parents can, as they are responsible for the actions of their subsidiaries.

Arrange Your Lawsuit With a LegalASAP Attorney

Find a LegalASAP attorney to arrange a lawsuit powerful enough to sustain your losses. We at LegalASAP are connected with firms across the United States and can help secure an attorney local to you.

We work with all types of lawsuits up to but not including:

• Personal injury
• Auto accidents
• Employment law

Submit a free short consultation form here and we’ll see if you qualify for a claim. For other questions and inquiries, you may call 888-927-3080.