Vicarious liability is a rule of law that allows an injured victim to hold one party responsible for the actions of a third party. For instance, employers can sometimes be held liable for the actions of their employees. Parents may also face liability for their children’s wrongdoings in some situations.
If you are hurt in an accident, vicarious liability can benefit you during your personal injury claim. This is because it increases the number of parties you may be able to file a claim against. Keep reading below to learn all the details about vicarious liability.
Employer Liability
Employer liability is sometimes referred to as “respondeat superior.” This more formal legal term means, “Let the master answer.” This rule allows employers to be held liable for the actions of their employees in some situations.
A couple of things must be true for the employer to be held liable. First, the wrongdoer must be an employee of the company and not an independent contractor. Next, the employee must have been acting within the scope of their employment.
For instance, imagine that you are injured in a car accident because an employee of a local delivery company hit your vehicle with the delivery truck. If the employee was driving their usual route and making deliveries at the time, you may be able to file a claim against the delivery company.
However, if the employee was using the delivery truck for their own personal errands at the time of the accident, the employer would likely not have responsibility.
Exceptions to Employer Liability: Independent Contractors
Independent contractors are the exception to the rule when it comes to vicarious liability. Even though independent contractors work for a company, they are not the company’s employees. There are distinct legal differences between employees and independent contractors.
Typically, an employer has more authority over an employee. Employers direct both what work must be done and how the work should be performed. Independent contractors are given a certain outcome that the employer or business wants. However, the business cannot control the details of how the work is performed.
It is important to keep in mind that an employer is not always responsible for the actions of the employee. The employer must have been negligent in some way. For instance, imagine that you own an HVAC repair company. You hire a new technician without checking their driving record, and they injure someone in a car crash while running service calls.
It is later discovered that the technician you hired had two DUI convictions within the previous six months. Your failure to check their driving record would likely be considered negligence, so you could face liability for the accident they caused.
Product Liability
Vicarious liability can also affect product liability cases. Distributors or retailers might be held responsible for the actions of a product manufacturer. If manufacturing defects in the product cause an injury, the distributor or retailer could face liability. This is true even though they did not manufacture the product.
Parental Liability for Acts of Children
Washington law allows parents to be held responsible for certain acts of their children. According to the law, a parent can be held responsible for their children’s willful or malicious conduct. This applies to minor children under 18 who live with their parent(s).
For instance, imagine that a child intentionally defaces property or injures someone. Those victims may be able to hold the child’s parents responsible for their damages.
Parental liability in Washington is limited to no more than $5,000. However, parents may also be held liable for their own negligence, and that liability is generally unlimited.
Vicarious Liability of Vehicle Owners
In some limited cases, a vehicle owner could be held liable for the actions of someone whom they allowed to drive their vehicle. For instance, imagine that you allow your friend to borrow your vehicle. However, you know that they have a history of traffic tickets and accidents. You might face liability if you let them borrow your car anyway and they get into an accident.
Contact the Seattle Personal Injury Lawyers at Darrell Cochran Personal Injury Lawyer for Help Today
If you have been hurt in an accident, identifying the responsible party can sometimes be more challenging than it might seem. Vicarious liability opens the door to more potential defendants, which can also increase the available compensation.
After an accident in Seattle, contact the experienced team at Darrell Cochran Personal Injury Lawyer. We have over 30 years of experience helping injured victims get the justice they deserve. We can investigate your accident to determine exactly what happened, and we will provide you with sound legal advice about all your options for obtaining compensation.
Call us today at (253) 948-0250 to schedule a free consultation with a Seattle personal injury attorney, and let us use our experience to help you.