Vicarious Liability in a California Personal Injury Accident
The law of torts allows an injured party to recover monetary damages from a party whose negligent or wrongful conduct caused, or contributed, to those injuries. Vicarious liability imposes indirect liability on a party whose conduct did not cause or contribute to the plaintiff’s injuries. The ability to rely on vicarious liability can be important when the at-fault party lacks the practical ability to compensate the plaintiff for the harm caused.
When Does Vicarious Liability Apply?
Typically, the plaintiff in a personal injury accident lawsuit must prove that a defendant’s negligent or wrongful conduct directly contributed to the accident for the defendant to be liable for damages. California’s vicarious liability doctrine recognizes four important potential exceptions to this general rule including respondeat superior (employer being liable for the employees’ wrongdoings), parental, principal-agent, and co-conspirator liability. If a party is held vicariously liable, a plaintiff may seek both economic and non-economic damages from that party.
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When Is an Employer Vicariously Liable?
The most common use of vicarious liability in a personal injury accident case is known in legal terms as “respondeat superior.” The doctrine of respondeat superior can impose liability on an employer for the negligent or wrongful acts of an employee if the employee was acting within the ordinary scope of his or her employment at the time of the incident that caused the plaintiff’s injuries. If you were injured in a motor vehicle accident and the driver of the vehicle that caused the accident was driving a company truck during working hours, the driver’s employer could be vicariously liable.
When Is a Principal Vicariously Liable?
When the negligent or wrongful conduct of an agent, partner, joint venture member, or (in some cases) an independent contractor causes injury, the principal may be held vicariously liable. A “principal” may be an individual or a company. The key to attaching vicarious liability in this case is that the agent, partner, joint venture member, or independent contractor must have been acting within the scope of the agent’s duties and powers to act for the principal when the injuries occurred. Imagine, for example, that you are injured in a slip and fall accident at your accountant’s office because your accountant failed to clean up a spill. Your accountant’s office is a legal partnership, meaning the other partners may be held vicariously liable for your damages.
When Is a Parent Vicariously Liable?
In the United States, parents are legally responsible for a minor child until the child reaches the age of majority or is emancipated. A parent can also be held legally liable for damages caused by a minor child under three scenarios:
- The child engages in willful misconduct
- The parent knows a child is dangerous and fails to prevent an injury
- The parent allows the child to use a firearm and the child injures someone
When Is a Co-Conspirator Vicariously Liable?
The term “co-conspirator” is most often used in a criminal prosecution; however, some criminal acts can also form the basis for a civil lawsuit. Known as “intentional torts,” these criminal acts can result in vicarious liability attaching to a co-conspirator if the co-conspirator’s actions were foreseeable and committed with the intent of furthering the objective of the conspiracy. If two people plan an assault but only one of them physically attacks you, the co-conspirator could face vicarious liability for his/her actions in furtherance of the conspiracy.
Talk to the Right Attorney Quickly
If you’ve been injured due to someone else’s wrongful actions, vicarious liability may allow you to seek compensation from a responsible third party. Contact us to review your case with a knowledgeable and dedicated personal injury attorney. Don’t delay—evidence can fade over time, witnesses may forget key details, and crucial records or footage might get lost. Starting your case promptly gives your attorney the best chance to build a strong claim. Let us help you navigate your legal journey quickly and efficiently.
