What is Vicarious Liability?

In layman terms, vicarious liability points to any situation where a person can be directly held responsible on the basis of the actions of another person. In such instances, even if the responsible person did not commit the act, the other person’s conduct will still reflect on them. Due to the various institutions that have such relationships, vicarious liability is usually applied in various forms.

Employee and Employer

Vicarious liability can be applied to a work place. All employers have to face vicarious liability for the conduct of their employees. This can range from anything that goes against company policy to committing illegal actions. For example: If someone is facing bullying or harassment by an employee of the company, it is the employer’s responsibility to handle the offending party and enforce the consequences for their actions.

Similarly, if the employee performs an illegal action or commits a crime during their tenure with a company, the employer holds the right to enforce consequences relating to their actions. For example: A person might be caught in an embezzlement scandal, pilfering money not just from the business, but from the clients too. In this case, the employer is responsible for turning them over to the authorities and also taking any other legal course of action.

Educational Institutions and Students

Educational institutions also hold vicarious liability for their students conduct since all actions will be deemed as a representation of the university as well. Vicarious liability usually entails that even when the action is being conducted by a third party, the responsible party will hold a fair share of the blame as well.

For example: The university is responsible for providing a safe and secure campus for students that come from all casts, creeds, races, religious beliefs and ages. Discrimination faced on campus by other students or teachers on this basis makes the university answerable for these actions against the concerned student.

Parental Vicarious Liability

Parents and guardians also hold vicarious liability for the actions of their children or other individuals that they are responsible for until they are deemed to be legal adults and can be held accountable for their actions. The main aim of all parents and guardians is to provide the children under their responsibility with a safe environment that meets all their needs. Failure to do so can cause vicarious liability for them.

For example: Parents who are negligent about their children’s safety by leaving firearms in reach or fail to supervise the child sufficiently can face vicarious liability. Other forms of child abuse also come under this category. In some instances, the concerned authorities might even deem it appropriate to have the children removed from the premises to provide them with a safer environment in foster homes.

Vicarious liability is faced in any relationship where a person or organization is responsible for the well-being of others. With its help, it can be ensured that all parties involved have a relationship which is healthy, amiable and is naturally productive for everyone involved. Having a professional, such as the  Personal Injury Lawyer Delray Beach FL locals trust to assist through these processes can be extremely helpful.

Thanks to our partners at Luckman Law for their expertise on Vicarious Liability.