Vicarious Liability

What is vicarious liability?

Vicarious liability, sometimes referred to as imputed liability, is a legal principle that states that one party can be held responsible for another’s actions even if they weren’t involved in the actions. This form of liability is commonly found between a supervising individual and a subordinate, like employers and employees, and parents and children. However, it can also be applied to principal-agent relationships, like those between a landlord and a repair technician.

Vicarious liability means that the party responsible for overseeing the person who caused the harm can be held liable for damages.

FAQs

What is the difference between negligence and vicarious liability?

Negligence and vicarious liability are similar, but the liability the supervising party bears is different under each one. Under negligence claims, the supervising party can be held directly liable for damages resulting from poor supervision of the subordinate. Their failure to supervise the subordinate directly led to the harm caused. 

Vicarious liability applies when the supervising party can be held indirectly liable if the subordinate caused harm to another person or damaged property. The damage resulted from the actions of the subordinate in the course of their duties within the scope of their normal work as outlined in their employment agreement, not a failure to adequately supervise the subordinate.

How do you prove vicarious liability?

For vicarious liability claims to be successful, you must be able to prove that there was a relationship between the supervising party and the subordinate, and that the actions of the subordinate were consistent with the expectations of their role. 

What is an example of vicarious liability?

If a builder hires a subcontractor to install an HVAC system, and the contractor backs into the fence on the property, damaging the siding on the neighbor’s home, the builder could be vicariously liable. This is because they hired the subcontractor, establishing a clear relationship between the two parties, and the damage occurred as the contractor was working on tasks they were hired to perform.

Do employers have vicarious liability for independent contractors?

No. Typically, employers aren’t vicariously liable for the actions independent contractors take when performing work they’re hired for on a contract basis. For businesses looking to reduce their vicarious liability risk, hiring independent contractors for certain tasks could help. However, hiring contractors has its own challenges and risks, and working with an employment lawyer can help you make the best choice for your business.