What is Vicarious Liability?
The concept of vicarious liability is the process of holding a person accountable for the actions of another person. Generally, the concept of vicarious liability applies to employers being held responsible for the actions of their employees. However, the employee must be acting within the scope of their employment and not on their own personal business. What is Scope of Employment?
Generally, scope of employment requires that an employee is acting as expected under the terms of his/her employment. The scope of a person¿s employment varies according to the specifications and responsibilities of each job. How Can an Injured Person Prove Vicarious Liability?
Injured individuals that wish to hold employers accountable for the actions of their employees have a duty to prove and establish the employee was acting within the scope of his employment. The burden rests upon the person wanting to hold an employer accountable. Therefore, obtaining proper records about the scope of employment is important. Are Employers Accountable for Actions not Foreseen?
The rule of vicarious liabity sometimes holds employers responsible for actions of their employees whose actions were not foreseen. Employers are held responsible because of several reasons. These include: - Someone must be held accountable ¿ This means either the employee or employer must bear the loss of the injuries sustained by an injured person.
- Employer had control over the employees during work hours ¿ Because the employer had control over the actions of their employees they should be held responsible.
- Employer benefits from the actions of the employee ¿ The employee brings in profits for the employer. Therefore, the employer should be responsible for any losses.
Should I Hire an Attorney?
An experienced contracts attorney can help to advise both employers and employees on any aspects of vicarious liability. In addition, experienced attorneys can help employers to write clear and understandable contracts that disclose what employees¿ actions are considered under scope of their employment. |
