Vicarious liability is a legal principle where an injured party can hold a third party responsible for its injuries, even though the third party didn’t actually cause the injuries. When vicarious liability is applied to the employment realm, it’s sometimes referred to as respondeat superior.
What Is Respondeat Superior?
An employer can be liable for the wrongful acts of its employee if that employee hurts another during the course of employment. For an employer to be vicariously liable through respondeat superior, two elements must exist:
- There must be an employment or agency relationship between the employer and employee. This is required because an employer shouldn’t be liable for the misconduct of another person unless that employer has sufficient control over that other person’s conduct.
- The wrongful act must occur within the scope of employment. Basically, this means the employee did something wrong while they were working for the employer and not on their personal time.
Vicarious Liability Exception: Going and Coming Rule
Basically, this rule says that an employee traveling to and from work isn’t acting within the scope of their employment. For example, an employee who gets into a car accident on their way to work isn’t considered to be acting within the scope of their employment for vicarious liability purposes.
It should be noted that if an employee is required to drive as part of their job duties, or is directed to drive by their employer, then the employer could still potentially be liable if the employee gets into an accident while driving.
Why Vicarious Liability Matters
A victim of a tort like negligence has the legal right to go after those responsible for their injuries. However, the person who causes the harm may not always have the money or resources to pay any legal judgments against them. Their employer, on the other hand, likely has deeper pockets and insurance policies with bigger insurance limits, making a full recovery much more likely.
Talk to a Vicarious Liability Attorney at Maison Law
If you’re hurt by someone who was on the clock, then you might have the right to recover compensation from not just that individual, but their employer, too. However, trying to recover compensation through vicarious liability can make a lawsuit or insurance settlement negotiations more complicated. To get help with either process, contact Maison Law today. You can schedule a free, no-obligation consultation where you don’t pay us a thing unless we win or settle your case and recover money on your behalf.
