Vicarious liability is a legal concept that makes one party responsible for the acts of another, even when the first party isn’t really at fault. In Texas personal injury cases, vicarious liability usually involves situations where an employer is liable for the negligent acts of an employee, or other similar business circumstances where a party is legally responsible for the acts of others.
Understanding how vicarious liability works in Texas law is crucial for plaintiffs and defendants alike. To better help our readers grasp these concepts, Read here: A guide to vicarious liability in Texas.
Understanding Vicarious Liability
The vicarious liability doctrine applies most directly to relationships between employers and employees and makes employers responsible for the wrongful acts of employees that occur while the employees are performing duties related to their jobs.
To establish vicarious liability, it is necessary to meet these criteria:
- An employer-employee relationship must exist between the defendant and the perpetrator of the act.
- The act must have been committed by the employee.
- The act must have been committed within the scope of employment.
- An association of employer and employee exists: The individual who caused harm must be an employee, as opposed to an independent contractor.
- The employee was acting within the job’s scope.
- An employee committed an act of negligence or harm.
Employer Liability in Personal Injury Cases
When employees act in a negligent manner, employers can be required to pay damages because of the actions of the employees. Read here: A guide to vicarious liability in Texas. Examples include:
Company Vehicle Accidents
An employer may be liable if a worker causes an accident while driving a company car for work-related purposes. Liability might also be attached if the employer fails to maintain the vehicle properly.
Slip and Fall Accidents
If an employee carelessly leaves a dangerous situation on a company’s grounds, which then causes a client to get hurt, that company could be held responsible.
Cases of Medical Malpractice
A hospital or medical clinic can be held vicariously liable for the negligence of the doctors and nurses it employs.
If, however, an employee commits acts outside the purview of their job, such as committing a crime on purpose or doing things for which they have no authorization, the employer may not have to take responsibility.
Independent Contractors and Vicarious Liability
Texas laws do not usually impose vicarious liability on employers for the actions of independent contractors. They make some exceptions, though, and those are:
- Non-Delegable duties: If an employer hires an independent contractor for work that is inherently dangerous (such as construction or hazardous waste disposal), the employer may still be liable for injuries that are caused.
- Obvious authority: If a corporation represents an independent contractor as its agent, it may be held responsible for their negligent actions.
- Trucking/Transportation accidents: Under federal law and Texas law, if a truck driver causes an accident, the trucking company can be made to pay for it. This is the case even if the driver is an independent contractor.
Read here: A Guide to Vicarious Liability in Texas
Vicarious liability is a key personal injury law concept that affects many Texas businesses and employers. It also affects many injured parties. Understanding vicarious liability and when it applies is essential for all personal injury plaintiffs and defendants. Vicarious liability means that a business or employer can be held responsible for an employee’s actions when the employee is acting within the scope of their job.
To put it more simply, if an employee injures someone while doing their job, the business can also be sued and made liable for damages. This is why it’s critical that you have the support of a seasoned legal expert in this field, should the need ever arise for you to have one.
