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Vicarious Liability

By , About.com Guide

Definition: In insurance, when one is negligent they may be liable for the result of their negligence. To be negligent one would fail to act or not act as a reasonable person would in the same situation. There are cases where someone can be negligent and liable for an act but another party would hold some responsibility to the negligence too. This is called vicarious liability.

Vicarious liability is when one, other than the person who was actually negligent, may be held responsible for the negligent actions of another person. Two common possible vicarious liability relationships would be parent/child and employer/employee. These are possible vicarious liability relationships because in both cases one party (parent and employer) has control over the other party (child and employee).

For an employer to be vicariously liable for the negligent actions of an employee, generally the employee would had to have committed the negligent act during the course of employment. There some exceptions though such as if the employee physically harms someone then the employee would be wholly responsible for their actions unless they were told to do it by the employer or it was part of their job, such as a police officer.

In the case of a parent, in the United States it is still usually a case by case basis to determine if the parent is vicariously liable. Parents are often liable for their actions of neglect like if they were not properly supervising their child and their child did something negligent during that time. It looks as though more communities are wanting parents to be more vicariously liable for their children's negligent actions.

Examples:
Jan was delivering a package to a client for her boss. Jan hit a telephone pole on the way to delivering the package. Jan and her employer both share responsibility for the accident since the accident happened when Jan was working and doing something her boss asked her to do.

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