Vicarious liability means that an injured person can hold a party responsible for their injuries. This is typically used in cases where an employee of a company does something careless (either accidental or intentional), and someone gets injured. Through Vicarious Liability, the company will be held responsible for the injury, not the employee. This is upheld under the doctrine of California’s Respondeat Superior Law, which states:
“The employer or a principal could be held vicariously liable for an unlawful or unjust act of an employee or an agent. For the employer or the principal to be vicariously liable under the respondeat superior, the employer or the agent must commit the wrongful act while working in the scope of the employment agency.”
When Does Vicarious Liability Apply?
For a company to be vicariously liable, two elements must be proven:
- Employment or Agency Relationship: the person who caused the injury must be an employee, agent, or in a similar relationship. Independent contractors typically do not qualify as employees.
- Scope of Employment: The careless action by the employee must occur while within the “scope of employment,” meaning their action were a part of their job duties, and occurred during their work hours, or while performing a work-related task.
Exceptions to the Vicarious Liability doctrine apply if an employee is independently contracted, or if their actions fall within the “Going and Coming Rule.”
What is California’s “Going and Coming Rule”
The “Going and Coming Rule” basically states that an employee is not acting within the scope of employment while traveling to and from the workplace. But if an employer requires an employee to drive to and from the workplace, so that the vehicle is available for the employer’s business, then the drive to and from work is considered within the scope of employment. This requirement does not have to be in writing but can be expressed or implied. If transportation of the vehicle provides some direct or incidental benefit to the employer, then the drive to and from work may also be considered within the scope of employment.
How Maison Law Will Help You Win a Fair Settlement
At Maison Law, we help personal injury victims achieve successful outcomes through:
- Accurate damage calculation: we calculate damages based on expert testimony, medical evaluations, and economic analyses to cover every aspect of your current and long-term, medical needs.
- Clear reports and expert witness testimony: our firm compiles detailed reports that outline the extent of your injuries and the impact they will have on the rest of your life. We organize expert witness testimony to reinforce the credibility of your claim and the incident.
- Minimizing liability: if you file a claim or lawsuit against an at-fault party, they will most likely attempt to put some or all of the blame onto you. Our firm will analyze your case and work to minimize or eliminate liability in your personal injury accident.
- Negotiating with insurers: our experienced team of lawyers are expert negotiators and understand the tacts insurance companies will take to attempt to minimize your damages and compensation. We ensure our clients receive a fair settlement that fully covers their current and future needs.
- Court Representation: our trial lawyers will represent you in court and build a strong case, highlighting the depth of your injuries and the necessity for recovering damages.
Contact Maison Law | California Personal Injury Lawyers
If you or a loved one has been injured due to a careless act or hazardous condition in California, the Personal Injury Lawyers at Maison Law can help. We’ve handled numerous personal injury cases, but we will provide you with a custom legal plan to get you fully compensated for your damages quickly and efficiently.
Taking legal action to recover financial compensation can seem overwhelming, but it doesn’t have to be. Contact Maison Law today for a free consultation and case evaluation. There are no upfront costs, and you won’t spend a dime until your case is won.
