Home > Fighting a Claim > Vicarious Liability

Vicarious Liability

By: J.A.J Aaronson - Updated: 24 Apr 2013 | comments*Discuss
 
Vicarious Liability Law Legal Negligent

As an employer, it may often seem that ensuring that your organisation's health and safety practices are in order is a huge burden. There is an apparent maze of statutes and requirements that must be followed, and keeping up with legislative changes can appear problematic. It may come as an unpleasant surprise, therefore, to discover the principle of vicarious liability.

Vicarious liability is based upon the principle of 'respondeat superior'; in essence, this means that any third party which has the right or ability to control the actions of a subordinate can be held liable for those actions. This poses potential legal problems for employers.

Actions of Employment

The principle of vicarious liability applies to employers in situations where an employee is found to be negligent as a result of an act that they have committed in the course of their employment. One of the problems with proving that a company should be vicariously liable is ascertaining whether or not the act in question occurred while the employee was performing tasks of their employment. In order for this to be the case, the act must have been authorised by the employer. Alternatively, if it is not in itself authorised but is sufficiently connected with an act that has been authorised, then it could be considered an 'improper' means of carrying out the individual's responsibilities of employment. Vicarious liability will again therefore apply.

The courts may also be required to determine whether an action was a 'detour' and a 'frolic'. These may seem like unlikely legal terms, but they can decide whether or not an employer is vicariously liable. If an employee is acting outside of their normal employment, the employer may still be liable. This will be the case if the employee has taken a 'detour' (that is, if they are still performing the duties of their employment, but simply in a roundabout way). A 'frolic', however, is deemed to have occurred if the employee has acted entirely of their own volition and is not acting on behalf of the company. In these cases, the employer will not be liable.

Limitations

There are some offences for which vicarious liability will apply only in certain circumstances. For example, it is highly unlikely that an employer would be held liable for its employee if they are charged with assault and battery, as use of force is unlikely to form part of the individual's employment. The exception to this, however, concerns those in employment in which force is sometimes used. For example, a police force would be held liable for an assault on a member of the public by one of its employees. This is also extended to those who are in occupations in which conflict is likely to be caused, for example bailiffs.

It should be remembered that vicarious liability and contributory negligence are distinct principles. While the former concerns only the liability of employers for their employees' actions, contributory negligence applies to situations in which more than one party is held responsible for an accident. Both principles may therefore apply in the same case.

Related Articles in the 'Fighting a Claim' Category...
Share Your Story, Join the Discussion or Seek Advice..
Why not be the first to leave a comment for discussion, ask for advice or share your story...

If you'd like to ask a question one of our experts (workload permitting) or a helpful reader hopefully can help you... We also love comments and interesting stories

Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Topics
Comments
  • DEE
    Re: Compensation Payouts Held in Trust
    How do you go about if your child has attained the age of 18 years and the lawyer handling the case has refused any…
    15 October 2017
  • Ant
    Re: 'No-Win, No-Fee' - Too Good to be True?
    I was pressurised into buying a product that was sold to me with the understanding I had a 14 day cool off period.…
    4 October 2017
  • Retired61
    Re: What Can You Claim For?
    Many thanks for your reply. Even if the builders have a right to access to my property (which I dispute), should they not have to apply…
    15 November 2016
  • CompensationCulture
    Re: Problems with Personal Injury Claims
    shunty - Your Question:My car got shunted at a roundabout by a driver who came up the motorway slipway too fast. The…
    2 November 2016
  • shunty
    Re: Problems with Personal Injury Claims
    My car got shunted at a roundabout by a driver who came up the motorway slipway too fast. The driver admitted liability.…
    1 November 2016
  • Rainey Smith
    Re: The Victim Contact Scheme
    What would a huge increase in relevant traffic mean for your business? If I could greatly increase the amount of customers who are…
    16 June 2016
  • CompensationCulture
    Re: What Can You Claim For?
    Retired61 - Your Question:Without prejudice. Builders working next door have removed and killed most of a beautiful Virginia creeper on…
    14 June 2016
  • Retired61
    Re: What Can You Claim For?
    Without prejudice. Builders working next door have removed and killed most of a beautiful Virginia creeper on the wall they are working…
    13 June 2016
  • Nusrat Jabeen
    Re: Damages Under the Human Rights Act
    Social services forced me to leave my house , police were also used . When I did complaint against this incident , social…
    26 July 2015
  • Liza Morris
    Re: The Victim Contact Scheme
    We are Internet Marketing experts who can help you answer these questions, drive mass traffic to your site, and dramatically increase…
    29 August 2014