Vicarious liability is a legal doctrine that allows you to hold more parties accountable for your losses after an accident. You can use vicarious liability laws to take legal action against large companies that may have more insurance and deeper pockets to cover your losses.
Diaco Law can help you to understand how vicarious liability laws work and can assist you in making successful legal claims by invoking the legal doctrine of vicarious liability. You should give us a call if you were hurt so we can help you determine if vicarious liability laws apply in your case. You can also read on to learn more about what this doctrine means.
What is Vicarious Liability?
Vicarious liability is a legal doctrine that applies in Florida and throughout the U.S. It’s based on a legal principle called respondeat superior, which means “let the master answer.” Essentially, it means that a master (employer, vehicle owner, or other authority) is responsible for (answers for) the actions of a person they trusted to act for them.
Vicarious liability is used to hold the authority figures (like employers or vehicle owners) liable for negligent actions of their agents. For example, if a doctor makes a mistake, the hospital or clinic could be held responsible for the injured patient’s losses under vicarious liability rules.
What are some Examples of Vicarious Liability?
The doctrine of vicarious liability can apply in any situation where a person or company entrusts someone to act on their behalf or to act as their agent. Examples include:
- When employers hire workers, the workers are their agents, so the employers are legally liable for the negligence of workers performing job duties.
- When a vehicle owner entrusts someone to drive their car, the car owner may be held responsible for the negligence of the driver (In Florida, the Dangerous Instrumentality Doctrine also governs a vehicle owner’s liability)
Vicarious liability depends on the nature of the relationship between the negligent individual and the party who placed them in a position of responsibility. Common examples of situations when a company or entity can be held vicariously liable include:
- Trucking companies can be held responsible for their drivers’ actions
- Businesses that employ workers, such as stores employing clerks, can be held responsible for the actions of the clerk
- Car owners who loan someone their car could be responsible for resulting accidents
- Hospitals and clinics can be liable for the medical negligence of staff members
- Landscape companies can be held responsible if their workers damage property
How can you Establish Vicarious Liability in Florida?
You could pursue a claim based on vicarious liability if:
- You can demonstrate the relationship between the company or entity you’re trying to hold liable and the person who actually caused you harm.
- You can show that the person who harmed you was acting on behalf of or with the permission of the defendant, who you’reclaiming is vicarious liability.
- The wrongful acts must have occurred within the scope of the authority of the person to whom the company or entity entrusted.
Proving all of these elements is important. If an employee was on a break, for example, or if a driver came back and took a car days later after being given permission to borrow it once, then you may not be able to pursue a claim under vicarious liability.
Why does Vicarious Liability Matter?
Vicarious liability matters because you may be able to go after companies or entities with more insurance and more money. You can collect compensation from them for the actions of their agents, such as the on-the-job actions of an employee. You do not have to show the company or entity was negligent in-and-of-itself to be compensated.
Contact a Florida Vicarious Liability Lawyer Today
If you or someone you love was harmed by a worker on-the-job, someone driving a car, or anyone else acting under the permission or authority of others, you should reach out to a Florida vicarious liability lawyer. Diaco Law can help you to pursue a claim and fight for the compensation you deserve. Contact us today to schedule a free consultation.