In order to minimise their liability, employers need to demonstrate that. In the case of dubai aluminium co ltd v salaam 2002 ukhl 48. If vicarious liability is imposed because the defendants own duties to the plaintiff are breached, the doctrine arguably becomes faultbased, like direct liability in. And, liability means the state of being legally responsible for something. In this blog, i will discuss two recent publications which address comparatively the doctrine of vicarious liability in tort and demonstrate the value of a comparative perspective in this field. Introduction vicarious liability refers to a situation in law where one individual is held responsible for the negligent act of the failure of another. Vicarious liability and liability for the actions of others ii indret.
In contrast, the other position refuses to impose vicarious liability on the employer for punitive damages in the absence of employer culpability and requires some fault on the part of the. This is a decision, which is favorable to retail and hospitality entities operating in south carolina. It acts as being saving clause for the inferior, who acts for the wrongful order of their superior that ultimately leads to the wrongful act under tort law. Vicarious liability is a form of indirect liability that is imposed when parties have a particular relationship. It represents not a tort, but a rule of responsibility which renders the defendant liable for the torts committed by another. However, vicarious liability is a doctrine on the move. Vicarious liability deals with situations in which an individual has committed a tortious act whilst acting on behalf of another.
The university of hong kong faculty of law the common. An employeremployee relationship must be established. The simple definition of vicarious liability is where an individual or firm can be held responsible for torts committed by another, the most common case for that is of employers and employees. The incidence of vicarious liability seems to be increasing in south africa. The doctrine of vicarious liability can also be termed as the heart of the common law system of tort.
In law, a person or an entity should be liable for the acts or omissions of another person or entity. A wrongful act must have been committed by an employee. The typical example of this is an accident at work an employee may have caused an injury to. Vicarious liability australian human rights commission. The evolution and expansion of vicarious liability is it. Vicarious liability in england and wales has so far concerned vicarious liability of a legal or natural person for the torts of a natural person. Introduction using the theory of vicarious liability, courts impute negligence from the party who actually committed the negligent act to a third party who played no role in the negligent act and neither aided nor.
Nov 14, 2017 the doctrine of vicarious liability lies at the heart of all common law systems of tort law. Nov 08, 2014 vicarious liability also known as joint responsibility liability is a legal theory of liability that empowers the court to hold a person liable for the acts of other. Pdf vicarious liability or liability for the acts of others in tort. Vicarious liability legal definition of vicarious liability. In order to minimise their liability, employers need to demonstrate that they have taken all reasonable steps. Vicarious means felt or experienced by reading or watching about somebody else to do something rather than by doing it yourself. In this dissertationi have sought to clarify the notion of liability for vicarious liability as it relates to the employer. The university of hong kong faculty of law the common law. The cambridge law journal recasting vicarious liability. The doctrine of vicarious liability lies at the heart of all common law systems of tort law.
The author lays out the central features of the doctrine of vicarious. There are some essential conditions which should be fulfilled to constitute vicarious liability under torts or civil law. Vicarious liability, also known by the latin term respondeat superior, is the holding of a person or entity responsible for damages or harm caused by someone else. The doctrine of vicarious liability describes the responsibility of a person for anothers torts. One of the topics most discussed in the civil law doctrine during the 20th century was to assert the crisis faced by the general clause of liability due to negligence. Heory of vicariou s liability university college cork. The court determined that while the employee was on duty at the time of the incident, his actions were outside the scope of his employment. Vicarious liability in english law is a doctrine of english tort law that imposes strict liability on employers for the wrongdoings of their employees. Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the right, ability or duty to control the activities of a violator. It dates back to the days when society was divided into two classes, properly described as masters and servants. It begins by formulating the standard case for vicarious liability based on the likely insolvency of the firms culpable agents in the face of.
Vicarious liability definition, meaning, examples, and cases. Third, this note will consider at length the development of hospital liability in north carolina. Vicarious liability in english law is a doctrine of. Most commonly thought of in employeeemployer relationships, it applies in other situations in which a person or entity holds a superior position to an agent. The basis of vicarious liability i09 authorization, important statutory exceptions apart, is still necessary. Generally, it is the rule that the person is liable for the wrongful acts done by him. The tort doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship such as parent and child, employer and employee, or owner of vehicle and driver, to exercise such care as a reasonably prudent person would use under similar circumstances. Pdf vicarious liability or liability for the acts of others. Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency. The basis of vicarious liability is the unique relationship that exists between the two persons. Vicarious liability, sometimes referred to as imputed liability, is a legal concept that assigns liability to an individual who did not actually cause the harm, but who has a specific superior legal relationship to the person who did cause the harm. There are three common law requirements to determine the vicarious liability of an employer in standard matters, namely.
Vicarious liability employers can be held legally responsible for acts of discrimination or harassment that occur in the workplace or in connection with a persons employment. Understanding vicarious liability in tort the value of a. Vicarious liability can occur under both civil and criminal law. This article proposes a theory of vicarious liability which attempts to explain the central features and limitations of the doctrine. The article further argues that the judicial reasoning used in these cases indicates fundamental confusion about the nature of the distinction between direct and vicarious liability, and a particular lack of understanding about the concept of the nondelegable duty. Vicarious liability of employers introduction it is trite law in south africa that an employer will be vicariously liable for the negligent act of his or her employeeemployees or agentagents, in the event of the employeeemployees or agentagents acting in a negligent manner during the course of hisher employment. The doctrine of vicarious liability is nothing if not controversial.
Understanding vicarious liability in tort the value of a comparative perspective february 17, 2019 february 17, 2019 in this blog, i will discuss two recent publications which address comparatively the doctrine of vicarious liability in tort and demonstrate the value of a comparative perspective in this field. How vicarious liability works in medical negligence cases a patients care is usually the responsibility of more than one doctor. Vicarious liability is the strict liability of a principal for the misconduct of her agent. Lord phillips noted extrajudicially that even the landmark case on vicarious liability of lister v hesley hall could have been decided within the doctrine of nondelegable duty, as alluded to in lord hobhouses reasoning. The doctrine of vicarious liability the doctrine of. Vicarious liability is a common law doctrine of english tort law that imposes strict liability on employers for the wrongdoings of their employees. Such a liability arises only when there is some legal relation between the two parties, or the parties are somehow connected to each other. How do vicarious liability and respondeat superior differ. There must be a relationship of control, a tortious act, and that act must be in the course of employment. Pdf vicarious liability or liability for the acts of. The main premise of the article is that the common law should continue to impose vicarious liability because it can coexist with the current tort law regime that imposes liability for fault. For example, an emergency medical technician emt might bring a patient into a surgeon who orders a nurse to take an xray. The main premise of the article is that the common law should continue to impose vicarious liability because it can coexist with the current tort law regime that.
The author offers an indemnity theory for vicarious liability and examines why the current rules of. I am first going to show you how the law of vicarious liability has been on the move. The classic example is that of employer and employee. There are two distinct positions regarding the vicarious liability of an employer for punitive damages based on the grossly negligent, reckless, wanton or willful misconduct of its employee. Pdf vicarious liability is the doctrine through which liability for wrongful conduct may be imposed on a party that is not itself at fault. The doctrine of vicarious liability, generally termed liability for the acts of others by civil lawyers, has long been regarded as controversial in the common law world. The doctrine of vicarious liability predates the creation by the judges of the law of negligence. Supreme courts decision to deny the petition for a writ of certiorari in u. Vicarious liability multiplies the number of possible defendants to the claimants action and thus increases the probability of finding a solvent or insured defendant.
The tort doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship such as parent and child, employer and employee, or owner of vehicle and driver, to exercise such care as a reasonably prudent person would use under similar circumstances vicarious liability is a legal doctrine that assigns. How vicarious liability works in medical negligence cases. One position holds that the employer is liable under the doctrine of respondeat superior. Explain the economic logic behind laws related to the concept of vicarious liability. The gilbert court held that hospitals could be held liable for the actions of independent contractor physicians under the doctrine of apparent authority. The third party also carries his or her own share of the liability. Generally, an employer will be held liable for any tort committed while an employee is conducting their duties. Chapter vicarious liability zimbabwe legal information.
Vicarious liability is a way in which any of the other torts can be attributed to a particular defendant, even if that defendant was not directly involved in the tort. The different avenues open to an employer are, in essence, related. Vicarious liability is a word which combined with two elements which are vicarious and liability. Liability that a supervisory party such as an employer bears for the actionable conduct of a subordinate or associate such as an employee based on the relationship between the two parties. Vicarious liability also known as joint responsibility liability is a legal theory of liability that empowers the court to hold a person liable for the acts of other. Vicarious liability of employers introduction it is trite law in south africa that an employer will be vicariously liable for the negligent act of his or her employeeemployees or agentagents, in the event of the employeeemployees or agentagents acting in a negligent manner during the. Instead, the rule advocated here promotes fairness, efficiency, and local democracy by limiting state vicarious liability to those areas where fairness and efficiency concerns arise with particular force, freeing the state from liability in other situations so as to permit it to leave space for meaningful local democracy. Vicarious liability is a situation in which one party is held partly responsible for the unlawful actions of a third party. The doctrine of vicarious liability is also known by the name of joint liability. The most common justifications which attempt to explain the rationale behind vicarious liability include the doctrine of deep pockets, which states that the employer is in a better financial situation to incur. The basis of vicarious liability authorization, important statutory exceptions apart, is still necessary. What is the doctrine of vicarious liability answers. Vicarious liability is a legal doctrine in tort law that imposes responsibility upon one person for the failure of another or assigns liability for an injury to a person who did not cause the injury but with whom the person has a special legal relationship to exercise such care as a reasonably prudent person would use under similar circumstances. That said, the decisions provide a useful framework in which to consider cases involving vicarious liability and clarify the policy reasons which underpin this complicated doctrine.
For example, an emergency medical technician emt might bring a patient. The doctrine of vicarious liability lies at the heart of all common law. Vicarious liability is a rule of responsibility which is found across the common law of tort and typically renders an employer strictly liable for the. Under this doctrine individuals can be made vicariously liable for a criminal act of others even if they merely helped to further the crime in some way example aiding and abetting. Such a special relationship includes an employeremployee relationship. The use and abuse of the doctrine of vicarious liability.
The responsible corporate officer doctrine survives to. Under the legal doctrine of respondeat superior, you may be found vicariously liable for the actions of a physician, nurse, advanced practice professional app, physical therapist, medical technician and assistant, secretary, and other support staff members you directly supervise. Specifically, it will consider the parallel development of the apparent agency doctrine and a competing theory, agency by estoppel. New jury instructions that embody huddlestons inherently dangerous vicarious liability doctrine and require the jury to find that the alleged negligence does not constitute collateral negligence are expected to. Accordingly, the store was not responsible via the doctrine of respondeat superior or vicarious liability. Establishing vicarious liability requires three primary criteria to be met. Aug 17, 2018 vicarious liability is a common law doctrine of english tort law that imposes strict liability on employers for the wrongdoings of their employees. New jury instructions that embody huddlestons inherently dangerous vicarious liability doctrine and require the jury to find that the alleged negligence does not. Publishers pdf, also known as version of record link to publication record in explore bristol research pdf document this is the final published version of the article version of record. Second, this note will briefly discuss the history of hospital liability.
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