Understanding Vicarious Liability

Vicarious liability is a strict form of liability which popularly arises in common law. Vicarious liability occurs when one person is liable for the actions of another individual. These actions are seen as negligent.

A common example of vicarious liability occurs when an employer gets sued for something one of their workers does. This type of liability is commonly referred to as secondary liability. Vicarious liability is found underthe doctrine of the respondent superior which states that the “master” is responsible for the agents’ actions.

Vicarious liability is generally used in court cases that involve employment law. Exceptions do exist under this type of liability, such as if the individual acts in an inappropriate manner, or if they act in a negligent way outside of work or while they are not working.

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