Vicarious Liability | Practical Law

Vicarious Liability | Practical Law

Vicarious Liability

Vicarious Liability

Practical Law Glossary Item 3-505-6467 (Approx. 2 pages)

Glossary

Vicarious Liability

Also known in the employment law context as respondeat superior. A form of strict liability (legal responsibility without the need for the person seeking recovery to prove fault) where an individual is responsible for the action or inaction of another person with whom he has a special relationship. Examples of a special relationship include:
  • A parent and child.
  • An employer and employee.
  • An owner of a vehicle and driver.
Under common law, an employer can be vicariously liable for wrongful acts by an employee in the course and scope of their employment. If the employee acted exclusively for personal interests, the employer is not liable.