Vicarious Liability

Vicarious Liability

Liability attributable to one person for the actions of another. It is where the law considers that the other should be held responsible for a wrong that was committed by someone else. The best example is an Employer being responsible for the Employee’s actions.

The tort doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship (such as parent and child, employer and employee, or owner of vehicle and driver), to exercise such care as a reasonably prudent person would use under similar circumstances.

Vicarious liability is a legal doctrine that assigns liabilityfor an injuryto a person who did not cause the injury but who has a particular legal relationship to the person who did act negligently. It is also referred to as imputednegligence. Legal relationships that can lead to imputed negligence include the relationship between parent and child, husband and wife, owner of a vehicle and driver, and employer and employee. Ordinarily the independent negligence of one person is not imputable to another person.

The employer is charged with legal responsibility for the negligence of the employee because the employee is held to be an agent of the employer. If a negligent act is committed by an employee acting within the general scope of her or his employment, the employer will be held liable for damages.