Vicarious Liability

Supposing it is an employee's negligence which causes the injury. A driver injures a pedestrian while making a delivery. An elevator falls, because the repair person failed to conduct an annual inspection. What if an employee commits an intentional act, for example rapes a customer. The principles of vicarious liability determine whether the employer may be responsible for the damages. If vicariously liable, then the employer will be responsible independent of fault. The employer is held liable, because the employee was acting for the employer at the time of the injury. Remember, vicarious liability makes the employer answer for the acts of the employee. Vicarious liability does not result from a finding that the employer did something negligent or culpable. If the employer's own actions are responsible, then the employer would be directly liable. Vicarious liability is based upon fault attributed to the enterprise.

More on Vicarious Liability.  You can find more information on vicarious liability in our section on vicarious liability in our employment law section.