Vicarious Liability

In tort law, there are a number of recognized forms of liability. Strict, product, and premises liability are all types that are recognized. Vicarious liability is a form of strict liability, but a secondary form. This type of liability arises under a common law doctrine of agency called “respondeat superior.”

This type of liability holds one person or entity, the superior, liable for the actions of another, the subordinate. In a much broader sense, responsibility or liability is assigned to any third party that had the “right, ability, or duty to control” the activities of the violator.

Employers are vicariously liable for the negligent acts or omissions of their employees. In addition, intentional actions that cause harm to another and are within the scope of an employee’s employment can also be attributed to an employer. For an act to be within the scope of an employee’s employment, the act must be either authorized or so connected with an authorized act that it can be considered a way of performing the act.

An example of vicarious liability would be assigning liability to a trucking company because a driver caused an accident while delivering something for the company or picking something up for the company. The driver was acting in his or her capacity as a driver for the company and so the liability would go to the trucking company, not the driver alone.

If the driver were not actively doing something for the company but was rather joy riding or en route to his or her home, the company would not be liable for any accidents.

Contact a Philadelphia Truck Accident Lawyers

If you have been injured in a truck accident, contact a Philadelphia personal injury lawyer from Lowenthal & Abrams, P.C. at 215-238-1130.