If you were hurt because of someone else’s wrongdoing, you may already know about negligence and what it means. However, another legal concept can play a big role in personal injury cases: vicarious liability.
This concept allows one party—often an employer—to be held responsible for someone else’s actions, such as an employee. In many situations, it can expand your options for seeking fair compensation.
In the sections to follow, we will discuss what vicarious liability is, why it matters, and how Texas law handles this type of claim.
What Is Vicarious Liability?
Vicarious liability is a legal principle that allows you to hold one person or organization responsible for another’s careless actions. The most common example is an employer being held liable for the conduct of an employee. For instance, if a delivery driver causes a car accident while on the job, the company that hired them might be responsible for paying damages.
At its core, vicarious liability focuses on the relationship between the parties. If the person who caused your injury was acting within the “scope of employment,” the employer may share liability. This makes sense because employers often have deeper resources and insurance policies. It can also motivate companies to hire and train workers more carefully to prevent injuries.
How Does Vicarious Liability Work in Texas?
In Texas, personal injury claims typically rely on negligence, which occurs when someone fails to exercise reasonable care. Vicarious liability is closely linked to negligence but widens the net of responsibility. Here’s what it means:
- One party, like an employee, has acted in a careless manner.
- Their careless act caused harm to someone else.
- The employer (or principal) was also liable, even if the employer did not directly cause the harm.
To make a claim, you must show that the employee was doing work-related tasks or acting on the employer’s behalf at the time. If the employee was off duty or doing something personal, the employer might argue that vicarious liability does not apply.
Common Scenarios for Vicarious Liability
There are many ways vicarious liability can come up in personal injury cases. Some typical examples include:
- Car Accidents: delivery drivers or rideshare drivers who cause crashes while making deliveries or transporting passengers
- Trucking Accidents: truckers who violate traffic rules during a work-related trip
- Medical Errors: hospital staff who make mistakes while performing their duties
- Retail Store Incidents: employees who fail to keep the premises safe for customers
Even though these situations may seem different, the same legal idea applies: if an employee acts within the scope of employment and causes someone to get hurt, the employer can be held responsible.
The Scope of Employment
The idea of “scope of employment” is often the key to winning a vicarious liability claim. Simply put, the scope of employment covers anything an employee does while working for the employer. This can include:
- Performing assigned duties
- Running errands required by the job
- Traveling to locations for official work tasks
However, if the employee is on a personal errand or off the clock, then vicarious liability might not apply.
It can sometimes be tricky to figure out if the employee was really acting on behalf of the employer. That is why it’s helpful to work with an experienced personal injury attorney who can collect evidence and show the employee was, in fact, doing job-related duties.
Why Vicarious Liability Matters in a Personal Injury Claim
Vicarious liability can help injury victims for a few important reasons:
- Broader Coverage: An employer often has more extensive insurance or assets than an individual.
- Fairer Outcomes: Companies are encouraged to train and supervise employees to prevent accidents.
- Shared Responsibility: If the employee does not have the means to pay, the employer can step in.
This concept can make a difference when you are facing serious medical bills, missed paychecks, and other expenses. By naming both the employee and the employer in your claim, you give yourself a better chance of recovering enough money to cover your losses.
A Personal Injury Lawyer Can Help You
Vicarious liability gives victims another path to pursue compensation, especially when the at-fault person might not be able to pay on their own. The law encourages employers to stay on top of employee training and safety measures by holding employers accountable. This leads to safer roads and workplaces for everyone.
If you suspect an employer could be responsible for your injuries, don’t wait to find out. Contact us online or call (817) 294-1900 to talk to a personal injury lawyer who understands vicarious liability and can guide you through the legal system. An attorney can explain your options, help you gather evidence, and fight to get you the compensation you need to move forward after an accident. Reach out to Anderson Injury Lawyers today to schedule a free consultation.