Chicago Personal Injury Lawyer

Vicarious Liability

Vicarious liability is a version of strict, secondary liability. It arises under the doctrine of agency, respondeat superior, which is part of the common law. Basically, vicarious liability holds a superior responsible for the acts of his or her subordinate. In a broader sense, it applies liability to a third party if that third party had the right, ability, or duty to control the activities of the individual that actually created the harm. Another form of secondary liability is contributory liability.

Employers are usually vicariously liable for the negligent acts or omissions of their employees. The employer is not liable if the employee does something negligent that is not tied to his or her employment. So basically, an off-duty UPS driver who is not in his UPS truck does not make UPS liable if he or she runs a stop sign and hits another vehicle.

In order for an act to be considered part of employment, the act must have been either directly authorized or been performed in conjunction with another authorized act.

Employers are also liable through the Latin “qui facit per alium per se.” This means that the one who acts via another person acts in his or her own interests. The concept is parallel to the ideas of vicarious liability and strict liability. It is also parallel to the idea in Criminal Law or other torts that one person can be held liable for the acts or omissions of another.

Contact a Chicago Personal Injury Lawyer

For more information on vicarious liability and other forms of liability, contact the Chicago personal injury lawyers of Friedman & Bonebrake at 312-466-8200.