What Is Vicarious Liability?

Vicarious liability is a legal doctrine often used in personal injury and premises liability cases. It holds an employer legally responsible for the actions of their employees if those actions result in injury or damages while the employee is performing their work duties. For example, if an employee at a retail store causes an accident while restocking shelves, the employer may be held liable for any resulting injuries or damages.

The Purpose of Vicarious Liability

Vicarious liability exists to protect both workers and victims. For employees, it serves as a safeguard, preventing them from being personally sued for actions taken during the normal course of their job. The responsibility instead falls on the employer, who is considered better equipped to provide training, supervision, and resources to prevent accidents.

For victims, vicarious liability ensures that they can hold a responsible party accountable. Suing an individual employee often isn’t practical, as they may lack the financial resources or insurance coverage to compensate for the injuries. Employers, however, typically have liability insurance and greater resources to handle claims fairly.

Types of Cases Covered by Vicarious Liability

While vicarious liability often arises in premises liability cases, it can also apply to other personal injury claims. Common scenarios include slip-and-fall accidents in stores, injuries caused by negligent employees, and accidents during delivery services or other job-related activities. It is distinct from other legal doctrines like strict liability and joint liability, which are used in different contexts to determine who is at fault.

Workers Covered Under Vicarious Liability

The coverage of vicarious liability differs between employees and independent contractors:

• Employees: Employers are almost always responsible for the actions of their employees performed within the scope of their job duties. Employees cannot waive this right under Connecticut law.
• Independent Contractors: Freelancers and contractors are generally not covered by vicarious liability. However, exceptions exist. For instance, if the employer directed or approved of the contractor’s actions or if the work performed was inherently dangerous, the employer may still share liability for damages.

Exceptions to Vicarious Liability

Vicarious liability only applies when an employee is acting within the scope of their employment. For example:

• A delivery driver who causes a car accident while making deliveries would make the employer liable for damages.
• An employee commuting to work in their personal vehicle would not hold the employer liable for an accident, as commuting is not considered part of their job duties.

There are also cases where an employee engages in actions far outside their job responsibilities. For example, if a delivery driver uses the company vehicle for personal joyriding and causes an accident, they may be personally liable. However, employers could still share some liability if they failed to properly screen, train, or supervise the employee.

How Bert McDowell Injury Law Can Help

If you’ve been injured in an accident involving vicarious liability, you don’t have to navigate the legal complexities alone. At Bert McDowell Injury Law, we have extensive experience handling personal injury cases throughout Connecticut. Our team is dedicated to helping victims secure the compensation they deserve.

We offer a FREE consultation to discuss your case and provide clear guidance on your legal options. We operate on a contingency fee basis, which means you don’t pay us a dime unless we win your case.

Don’t wait to get the answers and support you need. Contact us today by calling 475-231-3274 or filling out the form on our website. Let us fight for you!