If you have recently become involved in a personal injury lawsuit, one of the most fundamental aspects of your case will be the question of liability. Although it can be quite simple establishing liability in a straightforward accident claim, such as a drunk driver crossing onto a sidewalk and hitting a pedestrian, there are some claims that involve different kinds of liability, like vicarious and contributory liability. This can make it more of a challenge identifying who is at fault for an accident. As an accident victim, you might not realize who might be liable for your damages.
Continue reading to learn more about vicarious and contributory liabilities, and how to get started on your Indiana accident claim.
Secondary Liability is the Same as Indirect Infringement
Secondary liability is also referred to as indirect infringement. It is best defined as a legal obligation, forcing an individual to assume responsibility for another person’s act or behavior. Examples of secondary liabilities include principle liability, employers’ liability, and parental liability. There are several other types as well, such as ecclesiastical corporation liability, enterprise liability, and more, but these cases are generally infrequent and more complex. The more common types of secondary liability are contributory liability and vicarious liability. These are the primary cases of secondary liability seen in civil courts today. No matter which type of secondary liability case in question, the underlying factor for each is indirect infringement.
Vicarious Liability Law Basics
You will find vicarious liability within the respondeat superior doctrine, under common law. It decrees the legal responsibilities of any person in a superior role, such as leaders, executives, managers, supervisors, bosses, directors, whole corporations, companies, and more. It makes clear that they are legally responsible for the actions of their teams or employees. An example of a vicarious liability lawsuit would be if a parent or guardian fails to properly supervise their child, allowing the child to access the home’s handgun and accidentally shooting and injuring another person. The parents could be held legally accountable for their child’s actions, as well as the victim’s damages, under negligent supervision laws. In such a case, the parents home owner’ liability insurance company could contractually be obligated to pay any verdict against the parents, up to the insurance policy limits.
Contributory liability holds a third party legally responsible for another’s actions, even though they were not actually committing an infringement directly. If a person has knowledge of, benefits from, enables, contributes, or influences another person’s transgression, they too can possibly be held legally responsible under contributory liability. An example of contributory infringement would be if someone loans another person a gun, and that person uses the gun to commit a crime, the loaner of the gun might be held legally responsible for the infringements involving the gun under contributory liability, depending upon the specific facts of the case.
Where to Get Legal Advice for Your Indiana Personal Injury Claim
Call the Law Office of Craven, Hoover, and Blazek P. C. at 317-881-2700 to secure your rights to full and fair compensation after suffering damages as a result of a personal injury accident in Indianapolis, Indiana. Seasoned accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek have extensive trial and litigation experience in personal injury law, and can obtain the maximum settlement for your claim. It is important to act fast after being injured in an accident, because the sooner you act, the more likely you are to win your claim and recover compensation for your damages as critical evidence will need to be obtained. Schedule a free initial consultation, over the phone, online, or in person at our Indianapolis personal injury office.