The more common types of secondary liability are contributory liability and vicarious liability. These are the primary cases of secondary liability seen in courts today. No matter which type of secondary liability case in question, the underlying factor for each is indirect infringement. Continue reading to learn more about vicarious and contributory liabilities, and where to find professional legal counsel you can trust.
You will find vicarious liability under 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 case 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 would be held legally accountable for their child’s actions, as well as, the victim’s damages.
Contributory liability holds a third party legally responsible for anothers 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 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 can be held legally responsible for the infringements involving the gun under contributory liability.