Vicarious Liability in Personal Injury Lawsuits

In personal injury law, vicarious liability is the principle that an individual or entity can be held legally responsible for the careless actions of another person, even if the individual or entity did not commit the act in question. This indirect form of liability often arises when the person who caused the harm was acting on behalf of someone else, and when the person or entity in charge had the authority to direct or control the activities of the individual who committed the negligent act. Vicarious liability is grounded in public policy that supports holding responsible the party most able to prevent harm or provide compensation if an injury occurs.

Employer-Employee Relationships

A common setting for vicarious liability is the employer-employee relationship. In many cases, if an employee’s negligent behavior causes an injury while the employee is performing job duties, the injured party may seek compensation from both the employee and the employer. This is because the employer typically has oversight of how the work is done, and the employer’s insurance may cover damages related to the employee’s negligence. For example, if a driver employed by a delivery service runs a red light while on a delivery route, the injured person in the other vehicle could potentially file a claim against both the driver and the delivery company.

Independent Contractors

Vicarious liability does not usually apply to independent contractors. Courts regularly look at factors such as who provides the equipment, how the individual is paid, and whether the company controls the details of the work performed. The more autonomy a worker has, the more likely they are an independent contractor, limiting the potential for a vicarious liability claim to be brought against whoever hired them. Companies sometimes classify workers as independent contractors for various reasons, but just because a business uses this label doesn’t automatically make a worker an independent contractor.

Intentional Wrongdoing

Most courts do not hold employers responsible for the intentional or criminal acts of their employees. There are exceptions if the wrongful act was committed within the employee’s normal scope of work or if it was reasonably foreseeable in light of the employee’s duties. A security guard who, during the course of duties, uses excessive force might expose the employer to liability if the guard’s actions were closely related to the responsibilities of the job or if the employer knew or should have known such behavior might occur.

Direct Liability of Employers

Employers also may be found directly liable in personal injury cases if their own negligent actions or omissions contributed to an accident. This type of liability does not depend on the concept of vicarious liability or agency but instead arises when the employer breaches their own duty of care.

For instance, an employer might fail to properly screen a job applicant’s background, provide necessary training for a high-risk task, or respond to signs of misconduct. If that lack of due diligence leads to an employee causing harm on the job, an injured party may hold the employer accountable for its own negligence, unrelated to any liability based on an employee’s specific negligent act.

Last reviewed April 2025