I came across this term while reading some stuff about the law. Did you know there are situations when a person or entity is held liable for the offenses of another?
Vicarious liability is a legal concept that holds one party liable for injuries or damage sustained by another party even when the former had no active involvement in the accident. In general, the concept of vicarious liability applies to employers being accountable for the actions of their employees if the employees acted within the scope of their employment, and not on their own personal business.
There are different situations where vicarious liability can be applied. If a subcontractor hired by a contractor fails to adequately perform a job, fails to complete a job, or has violated other contract violation, the contractor can be held vicariously liable for the subcontractor’s actions.
When a car owner lends his vehicle to someone who runs errands for the owner, and the user of the vehicle causes injuries to other people, then the car owner would be held vicariously liable for the offenses of the vehicle user. This is because the user of the vehicle was acting on behalf of the vehicle owner.
If a minor child causes harm to another person, parents can be held vicariously liable for the minor child’s offenses in many instances. It’s worthy to note that parents’ vicarious liability does not apply to all types of offenses of committed by a minor child. Parents can be legally liable if there is an agency relationship between the parent and the child, such as the parent telling the child to harm someone. Parents may also be vicariously liable if they knew or should have known that their minor child would have committed the offense.
The group of people most commonly held vicariously liable is the group of employers. This is because they are in control of their employees. Many times, they face monetary claims whether their employees were acting within the scope of their employment or when their employees were acting against the company’s policies.
When filing a civil lawsuit against an employer, the burden of proof lies with the person seeking to hold the employer vicariously liable. In order to hold an employer accountable for their employee’s offenses, the injured individual must prove that the employee agreement required the employee to work under the control and direction of the employer; that the employer had inherent authority to control the employee; and that the actions of the employee that caused the victim’s injuries were within the scope of the employment.
In many cases, employers are vicariously liable for their employees’ actions even when such actions are not foreseeable. This is because someone must be held accountable for the damage done by employees, employers have control over the employers during working hours, and employers benefit from the employees’ actions.
If you sustained injuries due to the actions of an employee, a minor child, a team member, or any individual who might be taking orders from another person, you need to speak with a personal injury attorney to determine of you have valid grounds to recover damages from the employer, parents, or any entity in control of the offending individual.