Vicarious Liability in Personal Injury Law: When Is It Applicable?

The United States saw 35,766 fatal vehicle accidents in 2020, and over 1,500,000 crashes resulted in injuries. The accident numbers only keep increasing every year as the number of cars on the roads keeps growing. When the number of accidents is high, it helps to know about the different rules related to them. Vicarious liability is one such rule.

According to the vicarious liability rule, if you were hurt by someone operating under the supervision or with the approval of another, you might be able to hold the third person accountable for damages you suffered.

Personal injury lawyers may use vicarious liability law in certain situations. It is recommended to get in touch with them to understand whether the law applies in your case.

Let’s take a quick look at the basics of vicarious liability in personal injury law.

What Is Vicarious Liability?

When a person or organization is held partially accountable for the injury caused by another party, it is known as vicarious liability. In some car accident cases, the employers of the driver or the parents of underage drivers may be held vicariously liable. This process can help you claim a larger personal injury damage amount in certain cases.  

When is Vicarious Liability Applicable? 

1. Parents of Minors

The parents or legal guardians of a person under the age of eighteen are accountable for the acts of their offspring, regardless of whether the minor’s conduct was malevolent or malicious.

An excellent example of a circumstance in which a parent can be found vicariously accountable is when an inattentive teenage driver hits your vehicle and injures you. You would most likely be entitled to damages from the child’s parents in such a case.

2. Employers

Certain requirements must be met in order for an employer to be held vicariously liable for the conduct of an employee. The most crucial of these requirements is demonstrating that the person you are attempting to make financially liable for your injury employs the at-fault party.

In order to establish vicarious responsibility against an employer, your lawyer must further demonstrate that the negligent party was doing their job and had permission to take the actions that resulted in your injury. 

3. Vehicle Owners

If the driver of a leased car causes an accident, the owner of the car may be held accountable for damages. Even if a car is taken without the owner’s direct consent, they may still be held accountable.

Vicarious liability may also be applicable in cases where there is implicit permission, such as when automobile keys are left in a public place where anybody may obtain them.

Closeup shot of a person with a gavel in hand and papers on the table

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Contact a Personal Injury Lawyer to Know if Vicarious Liability is Applicable to Your Case

Vicarious liability law can be complicated, as how and when one person can be held accountable for the deeds of another may vary from case to case. It can happen in a variety of circumstances. Whether you can prove it or not depends on several factors.

After an accident, you should get legal advice from an expert personal injury lawyer if you believe vicarious liability rules may apply in your case.

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