Vicarious liability is a legal doctrine used to hold a person or entity responsible for the negligent acts of an individual, which most commonly occurs in an employer-employee relationship.

Topic Overview

Vicarious liability makes one party liable for the negligence of someone else, even if they did not commit the negligent act. It is most common in employer-employee relationships, where the employer can be held responsible for an employee’s negligence committed during the scope of their employment.

Key takeaways about vicarious liability

  • Vicarious liability is a legal doctrine that assigns liability for one person’s negligence to someone else.
  • Respondeat superior is a type of vicarious liability. It allows an employer to be held liable for injury caused by an employee’s acts.
  • For respondeat superior to apply, an employer-employee relationship must have existed at the time the employee's acts occurred. The negligence must have happened while the employee was at work and engaged in employment activities.

What is the meaning of vicarious liability?

Vicarious liability is a legal principle that assigns responsibility to one party for another party’s actions. It is applied through recognized relationships like employer-employee and principal-agent, not through direct wrongdoing. Vicarious liability most commonly applies in employment and corporate contexts.

One type of vicarious liability is respondeat superior (Latin for “let the master answer”). Respondeat superior allows an injured party to hold an employer liable for the negligence of their employee. However, the plaintiff must prove both that:

  • The party that injured them was an employee and not an independent contractor.
  • The injury occurred while the employee was performing job-related duties.

The master-servant element of respondeat superior treats employees and independent contractors differently. An employer can be vicariously liable under respondeat superior for an employee’s negligence. But they won’t usually be liable for the negligent conduct of an independent contractor. This is because an employee’s hours, pay and job duties are determined by their employer. Meanwhile, an independent contractor sets their own hours and fees for service and uses their own tools to do the job.

Why vicarious liability matters

Vicarious liability matters because it extends accountability beyond direct actors (employees) to responsible entities (employers). This allows victims to seek accountability from companies or institutions whose employees caused an injury. It also encourages stronger oversight, training and safety policies.

When does vicarious liability apply?

A party can be found liable under respondeat superior if they have a master-servant relationship with an employee and the employee’s negligent conduct occurred while they were performing the duties of their job. It requires a legally recognized relationship between two parties. The wrongful act must occur within the scope of that relationship or employment.

Vicarious liability most often relates to the following:

  • Agency relationships: where one person (the agent) acts on behalf of another (the principal) under the principal’s consent and control.
  • Corporate and institutional oversight: Checks and balances to ensure that operations are consistent with stakeholders and applicable laws.
  • Employment and supervision: Vicarious liability holds employers or supervisors liable for the negligence of employees or team members.

An employer cannot usually be held vicariously liable for the negligence of an independent contractor. However, vicarious liability might apply if the employer was negligent in choosing or hiring the independent contractor, if the tasks should not have been assigned to them or the work assigned was extremely hazardous.

Vicarious liability can also be affected by:

  • Joint and several liability: The legal principle in which more than one party is liable for the full amount of damages in a lawsuit.
  • Strict liability: Finding a party liable for negligent conduct, no matter their intent or emotional state at the time they committed the act.

A personal injury attorney may be able to help you understand who may be liable for an injury you or a loved one suffered.

Contact Motley Rice

If you or someone you love was injured by an employee who was on the job, you might be able to hold their employer vicariously liable.

For more information or to discuss a potential claim, contact our team by filling out our online form or call 1.800.768.4026.

Types of vicarious liability litigation

Personal injury

Employers may be held civilly liable for employee negligence or other wrongdoing in general personal injury, nursing home abuse, automobile accidents and more.

Sexual abuse

Employers and responsible institutions like the Catholic Church, Boy Scouts of America (BSA), and the Church of Jesus Christ of Latter-day Saints (LDS) have been sued for sexual abuse.

Transportation and aviation

Carriers and airlines (the employer/principal) can be held liable for the errors, negligence, or misconduct of their pilots, drivers or maintenance crews (their employees/agents) that led to transportation accidents. Similarly, employers may be liable for bus accidents and train derailments.

Our complex litigation experience

Since the 1970s, Motley Rice attorneys have had a strong record of taking landmark actions for consumers and workers. Our attorneys began with asbestos and tobacco cases and today represent injured people and entities in a wide variety of cases.

With more than 100 attorneys, hundreds of support personnel, and a network of co-counsel across the globe, we have the resources to investigate claims for clients throughout the U.S. and around the world.

Read more about our complex litigation experience.

Sources
  1. EBSCO. Vicarious liability.
  2. H2O. Restatement (Second) of Agency on Respondeat Superior.
  3. Law Shelf. Vicarious Liability For Damages Committed By Independent Contractors- Module 2 of 5.
  4. Legal Information Institute. Joint and several liability.
  5. Legal Information Institute. Strict Liability.
  6. Legal Information Institute. Vicarious Liability.
  7. New York University Law Review. REFORMULATING VICARIOUS LIABILITY IN TERMS OF BASIC TORT DOCTRINE: THE EXAMPLE OF EMPLOYER LIABILITY FOR SEXUAL ASSAULTS IN THE WORKPLACE.
  8. Sustainability Directory. Institutional Oversight.
  9. UNC School of Government. A Few Facts About Agency.