A business (company, corporation, etc.) and or a government may be held responsible for the harm (injury or death) caused by the wrongful conduct of its employees (agents, partnerships, etc.) while acting within the scope of their employment (authority, agency, etc.). This is called vicarious liability.
Continue to read and learn more about vicarious liability in personal injury claims and lawsuits.
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Vicarious Liability | Employer Liability
Under the theory of respondeat superior, an employer is vicariously liable for an employee’s careless and wrongful acts committed within the scope of their employment.
Example Scenario 1: Howard is an employee of Pizza Shack. He is driving on a delivery when he runs a red light severely injuring Marissa. Marissa can make an injury claim against Pizza Shack for her pain, suffering, lost wages and future medical bills.
Vicarious Liability | Government Liability
Through vicarious liability a public entity is liable for injury caused by an act or omission of an employee of the public entity within the scope of his employment. Vicarious liability is a primary basis for liability on the part of a public entity, and flows from the responsibility that a public agency has for the acts of its employees under the principle of respondeat superior.
Vicarious Liability | Respondeat Superior
The rule of respondeat superior is familiar and simply stated: an employer is vicariously liable for the torts of its employees committed within the scope of the employment.
Ordaz Law, APC | Vicarious Liability
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a personal injury lawyer in San Diego County. We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses as a result of the careless and wrongful actions of our civil servants.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.
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Blog: Personal Injury
Sources and Useful Links:
Lisa M. v. Henry Mayo Newhall Memorial Hospital (1995) 12 Cal.4th 291, 296–297.
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