Vicarious liability is the process of holding a person accountable for the actions of another person. Often, the concept of vicarious liability applies to employer liability for the actions of their employees.
Injured individuals that wish to hold employers accountable for the actions of their employees have to establish three elements:
The burden of proof rests on the person wanting to hold an employer accountable. Therefore, obtaining proper records about the scope of employment is important.
Generally, scope of employment requires that an employee is acting as expected under the terms of his or her employment. The scope of a person's employment varies according to the specifications and responsibilities of each job.
There a number of cases where a worker may be outside the scope of employment:
The rule of vicarious liability sometimes holds employers responsible for actions of their employees whose actions were unforeseen. These include:
There are a number of defenses an employer can use if sued under a theory of vicarious liability. These defenses include, but are not limited to:
An experienced employment or personal injury 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.
Last Modified: 07-11-2018 08:25 PM PDTLaw Library Disclaimer
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