Buffalo Personal Injury Lawyer NewsWhat Is Vicarious Liability?
The legal doctrine of vicarious liability is a form of secondary liability, meaning that one party can be held accountable for the acts of another. Vicarious liability commonly arises out of the legal responsibility employers have for the actions of their employees. In other words, when an employee’s negligence or irresponsibility during the scope of their employment causes an injury, their employer may also be held liable. Throughout history, various legal terms, such as respondeat superior, principal and agent, and master and servant, have all been used to place vicarious liability on third parties that retained the right to control the person at-fault for an accident. Since employers carry comprehensive insurance policies and sufficient financial resources, establishing vicarious liability can help victims obtain total compensation for their injuries.
Personal Injury Cases That May Involve Vicarious Liability
A fundamental element that separates this legal doctrine from other forms of liability is the lack of necessary direct participation. For vicarious liability to arise, the third party is not required to be present during the accident. Instead, liability is based on the negligent actions of an employee. The most common types of personal injury lawsuits where vicarious liability may be applied include:
Car accidents are one of the country’s leading causes of neck injuries. Over 800,000 crashes involving neck injuries are reported throughout the United States each year. Despite being a highly vulnerable part of the body, the neck has minimal protection during a car accident. While wearing a seatbelt can help keep your body in place, your neck and head are left unrestrained. In the event of a car crash, a victim’s neck can quickly jolt back and forth, be violently jerked from one side to another, or even be struck by flying debris. Abrupt, sharp movements are known for causing severe injuries to the cervical spine’s tendons, ligaments, nerves, muscles, and joints.