Have you ever borrowed a friend’s car? Or maybe you drove your parent’s vehicle as a teenager? Is so, vicarious liability played a role in terms of the law. Aside from driving another person’s vehicle, there are many other circumstances that pose this level of liability.
Continue reading to learn more about vicarious liability, including some common examples and how to make a claim.
According to Dictionary.law.com, vicarious liability is defined as, “(…) an attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit or criminal prosecution. (…)” Vicarious liability is also referred to as “imputed liability.”
In plainest terms, vicarious liability cases are those in which one party is held legally responsible for another party’s negligent or unlawful actions. Although the first party is legally responsible, the law holds the secondary party accountable as well. Vicarious liability comes to play in situations where a person has a duty of care for another person or thing, but acts negligently, resulting in serious injuries or accidents.
Examples of Imputed Liability
To better understand the principles and laws surrounding imputed liability, it is helpful to review some examples of such cases. For instance, employers have a duty of care to their staffs, making workplace accidents a common outcome of imputed liability. As an example, if an employer retains a staff of employees who act negligently in the workplace (i.e. sexual harassment, discrimination, assault, etc.), the employer can sometimes be held legally accountable for any resulting damages to employers, clients, or other victims.
In turn, victims of this negligent behavior can then make a personal injury claim to collect compensation for medical and hospital expenses, lost wages, pain, suffering, and more, all from the employer and each individual guilty employee. Employers in this situation are considered responsible because they have the duty to prevent and be aware of negligence in the workplace. By law, they should have stopped or prevented harmful behavior on the job before any serious repercussions could occur.
As mentioned before, driving another person’s car may also involve vicarious liability. For instance, if a minor crashes their parent’s vehicle and causes serious injury or death to another driver or pedestrian, it is the parents that can also be held legally responsible for all damages and losses that occurred as a result of the car crash, sometimes whether the minor had permission to drive the vehicle or not.
You see, by law, parents have a duty of care to properly teach their child how to operate a vehicle safely, and only allow their teen to drive their vehicle when they are capable of doing so responsibly. This is also the case if a friend or other relative borrows someone’s car and hurts someone else while driving it. Although the owner of the car was not the one behind the wheel, and the person driving had a valid license, the owner could be held accountable for the damages to the injured party.
Were You Hurt in a Negligent Car Accident?
If you were recently involved in a car accident that was not your fault, and now you are facing heaping medical expenses, hospital bills, and missing work, talk to an Indianapolis personal injury lawyer about making a car accident claim. You may be entitled to collect compensation to cover all of your financial losses and damages that resulted from your accident.
Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss your recent accident and learn the best course of action for your personal injury claim. We can help you recover the full and fair compensation you deserve. Furthermore, we offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to get started, today.