Vicarious liability, also called imputed negligence, is a legal doctrine that assigns responsibility for one person’s actions to another person if the two have a particular legal relationship that transfers power or authority from one person to the other. This can apply to the relationships of parent and child, husband and wife, owner of a vehicle and the driver, or employer and employee.
Types of vicarious liability
In a parent-child relationship, if a minor child holds an underage drinking party on the family property, even if the parents do not know, and someone is injured due to the party, the parents are responsible for the breaking of the law and for any harm that may come from it. The minor may also be held responsible for his or her own actions, but the legal burden is upon the parents.
In the case of an employer and employee, vicarious liability is referred to in law as “respondeat superior” – Latin for “let the master answer.” Respondeat superior places the responsibility of an employee’s actions upon the employer, if those actions are performed within the scope of employment while carrying out job-related activities.
Since the employer benefits from the employee when the employee fulfills job-related activities, the employee is working under the authority of the employer, and thus, the employer is responsible. This is known in law as “qui facit per alium facit per se” – Latin for “he who acts through another person acts himself.” Therefore, legally, the employer is performing the action vicariously through the employee and thus is liable for injuries caused by the employee when performing work duties.
The harm caused by an employee while doing his or her duties could be accidental, reckless, or even intentional. The employer may be found liable in any of these situations, although in some cases, the employee may also be held liable.
There is yet another vicarious responsibility, which is the “dangerous instrumentality” doctrine. A dangerous instrument is any object that, by its design, risks serious harm or death while in use. This doctrine is often applied in auto and truck accidents, but could also be applied to other vehicles, such as boats and airplanes, as well as to heavy machinery. In the case of dangerous instrumentality, whoever owns the deed of the dangerous instrument would be liable if harm occurs during its use for legitimate purposes.
Finally, when an employer owes a special duty of care and protection, such as a common carrier business (airplane, bus, train), motel, hospital, or security company, the employer has a heightened duty to ensure that they are not hiring dangerous people. So if an employee harms someone while working, even if not performing work-related duties, the employer could be liable.
Applying multiple forms of vicarious liability
It is critical to hire a personal injury attorney with extensive experience dealing with cases of vicarious liability. As a native Floridian and personal injury attorney, I am committed to helping my fellow Floridians receive just compensation for their injuries. I work vigorously to apply every applicable law and uncover every responsible party to help my clients receive the maximum settlement.
An injured party can sue both the employer and the employee and sometimes other parties who may have some share in the negligence that led to your injuries.
It is also often possible to find a defendant responsible under more than one legal principle. For instance, if a truck driver causes an accident while performing work-related duties for an employer, that driver will be held responsible for the accident. However, since the employee was acting on behalf of an employer, the employer may also be held responsible, under respondeat superior. In addition, because the harm was caused by a truck owned by the employer, the employer is further responsible under the dangerous instrumentality doctrine.
Finally, if the employer knew that the driver had a history of reckless driving, or if the employer could have known but did not bother to find out, the employer may be found further responsible for his own negligent actions.
Don’t wait any longer to begin the steps to file your personal injury lawsuit. You deserve compensation for your suffering. Contact me from anywhere in Florida at (954) 448-7288, 24/7 for a free consultation to discuss your case. I leave no stone unturned to help my clients receive the compensation they deserve.