In simplest terms, vicarious liability is when one party is held legally accountable 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, also referred to as principle’s liability or imputed negligence, comes to play in situations where a person or corporation is supposed to be responsible for another person or thing but acts negligently instead.
Continue reading for more examples of this type of legal liability, plus who to contact in Indiana for skilled car accident or personal injury representation that will protect your rights to being fully compensated.
Vicarious Liability
To best understand how vicarious obligation works, it is good to review some generic cases in which it would come into play. For example, if an employer retains a staff of employees that act negligently while working for the company (i.e. sexual harassment, discrimination, driving a company vehicle, etc.), the employer can be held accountable for the resulting damages in a court of law.
Victims of this negligent behavior can file a lawsuit to pursue compensation for pain, suffering, and more from the employer, as well as the individual guilty employees. 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. In addition, employers are generally liable under law for any negligent acts performed by their employees anywhere while they are in the course and scope of their employment.
Car Accident Vicarious Liability and Negligent Entrustment
Driving another person’s car can also involve vicarious liability. A child that drives and wrecks their parent’s vehicle, causing serious injury or death to another driver, may put their parents in legal tribulation. Parents, or guardians, have the responsibility to properly instruct their adolescent how to drive safely, and only loan their vehicle during appropriate times. So, if a parent entrusts their minor to drive their vehicle, and an accident occurs, the parent (or person) who signed the minor’s driving application, is held responsible for the damages. In such cases, the insurance carrier for the parents would also be involved.
The law deems a parent or guardian, also known as an entruster, negligent if they allow their teen to drive a vehicle in their name knowing that their child is reckless, untrustworthy, inadequate at driving, or unlicensed. If a child falls under any of these descriptions, and subsequently causes a serious accident, the guardians or guardians can be held accountable for the damages under the principle of negligent entrustment.
Are you looking for skilled personal injury law firm to represent you in your negligence case in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with our personal injury attorneys in Indianapolis, Indiana. We also represent injured victims all across the state.
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