Vicarious Liability

Vicarious Liability

Holding an Employer Responsible

Being the victim of a car accident, medical malpractice, sexual harassment, or other trauma causes a range of emotions—anger, disgust, and helplessness, just to name a few. It’s easy to blame the person who committed the offense, like the delivery driver who ran the red light, the surgeon who botched an operation, or the supervisor who made sexual advances. You’re confused and upset, and now you wonder who is to blame.

Vicarious Liability: What You Need to Know

Vicarious liability means that, legally, employers assume both the benefits and risks involved with hiring someone, including when an employee causes a harm. For example, if a delivery driver crashes into you, the driver and his employer are both potentially responsible. Vicarious liability encourages employers to make responsible hires, create safer working environments, and prevent problems before they happen.

Proving the Employer’s Responsibility

In general, if an employee caused a harm on the clock while doing their job, the employer may be responsible. And when it comes to vicarious liability, the details matter. For example, was the driver wearing a work shirt with a company name or logo? Did the vehicle have a company logo on it? Obviously the details vary based on situations, but in general it’s essential to capture as many pieces of information (including photos) as you can. Good attorneys can help you with this if you contact one right away after an incident.

As always, there are exceptions and challenges that can arise in this type of case, so it’s important to talk to an experienced attorney. If you need us, we’re here to help. Contact Kyle Cray today with your questions at kec@hereforlife.com or 765-742-9066.

Disclaimer:
The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.

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