Vicarious Liability

Vicarious liability is a legal liability that a person receives even though they had absolutely no involvement in the event that caused a person's injury. Holders of vicarious liability tend to be people whose authority requires that they oversee the actions of others. Because of their authority, they have been named liable for their subordinates, and therefore can be liable for injuries caused by their subordinate's actions. Common examples of people held vicarious liable include parents, contractors, and employers — they can be held liable for any injuries caused by their subordinated, whether they're children, subcontractors, or employees. For those who have been deemed vicariously liable, however, there are sometimes defenses that can be adequate to justify the defendant's inability to control their subordinates.

Fast Facts

  • the difference between vicarious liability and strict liability is fault - strict liability involves some small amount of fault, whereas vicarious does not

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