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Vicarious Liability

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Vicarious liability arises when the law holds one party liable for the misconduct of another party. At first glance, it doesn’t seem fair — it’s as if one party is taking responsibility for the liability of another party. In some situations, however, vicarious liability is applicable.

The Various Forms of Liability

Personal injury law imposes liability based on a variety of different mental states, including the following:

  • Strict liability: “Strict liability” means liability without proof of fault (e.g., selling a defective product).
  • Negligence: A defendant was negligent if they breached a legal duty of care towards you. In other words, they acted carelessly (e.g., running a stop light).
  • Intentional torts: The defendant deliberately tried to harm you (e.g., pointing a gun at your face).
  • Vicarious liability: The defendant is legally liable for the misconduct of another.

Each of these bases of liability is common in personal injury law.

The “Deep-Pockets” Theory of Compensation

Under the “deep pockets” theory of compensation, the idea is that you never sue people who lack the financial resources to pay your claim. This is the rationale behind many cases involving vicarious liability. If the at-fault party can’t pay, then two choices remain – either the victim must eat the loss, or a third party must be held liable.

Different Kinds of Vicarious Liability

Following are descriptions of different kinds of vicarious liability:

Respondeat Superior

Under respondeat superior, the employer bears liability for the misconduct of their employee. There is one important caveat, however — the employee must have been acting within the scope of their employment at the time they committed their misconduct. 

If Uber hires a driver who runs a red light and hits a pedestrian, for example, the pedestrian can sue Uber. That doesn’t necessarily let the employee off the hook, but they may not be sued because they have less money than their employer.

Keep in mind that this is not the same as negligent hiring. If an employer negligently hires a driver without checking their driving record, for example, the employer would be negligent, and liability would be direct, not vicarious.

Special Case: Independent Contractors

An independent contractor has more independence from their employer than an employee does. This is important because employers are not responsible for the negligence of an independent contractor. A commercial truck driver who drives their own rig, for example, maybe an independent contractor rather than an employee. 

Product Liability

If you suffer an injury from a defective and unreasonably dangerous product, you can sue any party in the product’s chain of distribution, from the manufacturer all the way down to the retailer. This rule makes particularly good sense if, for example, the product was manufactured in India but distributed domestically by Walgreens.

Dram Shop Liability

Dram shop liability is similar to vicarious liability, but it is a little different. Suppose you suffered an injury in an accident with a drunk driver. If the driver became intoxicated at a bar, nightclub, or party, you might be able to sue the bar or nightclub owner, or the social host, under Florida’s dram shop law. The liability of a social host is limited to the consequences of serving alcohol to a minor (under 21). 

Parent/Child Liability

A parent can be held liable for the malicious acts or dangerous driving of their minor child. Vicarious liability applies no matter how much care the parent exercised in supervising their child. 

The “Dangerous Instrumentality” Doctrine

Under Florida’s “dangerous instrumentality” doctrine, the vehicle owner can bear liability when they allow someone else to use it and that party causes a personal injury. Liability applies no matter how much care the owner exercised. Examples of dangerous instrumentalities include:

This is not an exhaustive list – a court might consider other items to be dangerous instrumentalities as well.

A Jacksonville Personal Injury Attorney Can Help

Any experienced Jacksonville personal injury attorney at Baggett Law Personal Injury Lawyers should be able to help you establish vicarious liability if necessary. Contact us today for a free consultation. You can call us at (904) 396-1100.

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