If you were injured due to another person’s negligence, you can sue that person for financial compensation. What happens when someone else’s misconduct indirectly causes your injuries? In that situation, you could pursue a claim for vicarious liability in Louisiana. Misconduct by a third party can lead to liability without proof that the third party was negligent or present at the accident scene.
How does vicarious liability work? Here, we will explain vicarious liability and how a Lafayette personal injury lawyer can help you after an accident.
What Is Vicarious Liability?
Vicarious liability is when an individual, business, or other entity is held partially liable for unlawful actions of someone else – even though that other person performed their actions on their own. When one party has responsibility for and control over someone else – an employee, for example – they can be held accountable for the negligence of that other person.
This creates a unique situation when the injured victim can hold a third party liable for their injuries even if they were not directly involved in an accident.
What Relationships Can Lead To Vicarious Liability?
Vicarious liability, sometimes known as imputed liability, typically arises when one party is a principal and the other party is an agent of the principal. The most common example would be an employer-employee relationship. If an employee is out driving a company work van while on the clock, they act as an agent of their employer (the principal), and both could be held responsible if the employee crashes into another driver.
Another common example in the employer-employee context would be discrimination or harassment by an employee. The target of discrimination or harassment could hold their employer responsible for the actions of any staff member engaging in such behavior.
Other examples of relationships where vicarious liability can arise include:
- Parent-child relationships: Misconduct by those under 18 years old can lead to financial responsibility for their parents when damage is caused. Louisiana law on vicarious liability for children holds mothers and fathers responsible for “damage occasioned by their minor child” – if the child resides with them or is under their care.
- Alcohol vendors and consumers: If a bar patron injures or kills someone after being overserved at a tavern, that business can usually be sued under vicarious liability. However, Louisiana is one of only eight states that do not allow victims to sue bar owners when a customer later causes an accident.
If you want to know whether you could have a claim on the basis of vicarious liability, it would be a good idea to reach out for legal help.
Why Pursue A Claim For Vicarious Liability In Louisiana?
If you were harmed by another person’s actions, you want that person held liable in a court of law. Proving liability against one person doesn’t mean much if you are still left looking for compensation for your damages.
If you were hit in a car crash by a delivery driver, for example, that driver might never be able to pay what you are owed. Their employer, however, is more likely to have the finances (or insurance) to cover your damages.
One aim of vicarious liability in a personal injury case is to bring in a defendant with “deep pockets” that can afford to cover your medical bills, lost wages, property repairs, and other types of damage. Another goal of vicarious liability is to put employers and other principals on notice that they can actually be held responsible for the bad conduct of an employee. This encourages better hiring practices, proper training techniques, and safety measures designed to protect others.
If you were injured by the agent of another party, your personal injury lawyer will carefully review the facts of the incident. If the circumstances fit, your lawyer will pursue a vicarious liability claim when it is supported by the law and can benefit your recovery.
Exceptions To Vicarious Liability
Independent Contractors
A major exception to vicarious liability is when the wrongdoer is an independent contractor. To hold an employer liable, you must show the incident was caused by an employee.
For legal purposes, independent contractors cannot be considered employees of the company they are associated with. Many independent contractor agreements are designed specifically for this purpose—to avoid shifting blame to a deep-pocketed company when an individual harms someone else.
Examples of independent contractors can include commercial truck drivers, DoorDash drivers, and repairmen. Corporations are typically shielded from independent contractors’ liability.
Actions Outside Scope Of Employment
If an employee deviates from their assigned tasks and acts outside the scope of their employment, their employer might not be vicariously liable. Sometimes known as “frolics and detours,” an employee might appear to be acting on behalf of the company but not on a work-related task.
An example would be someone who uses the company car after work hours for personal use and gets into an accident. Their employer could not be brought into the lawsuit because they are not vicariously liable at that point.
Call A Lafayette Personal Injury Lawyer For Help With A Vicarious Liability Claim
If you were injured or harmed in any way, an experienced Lafayette personal injury lawyer can help you determine whether a third party could be held liable under the theory of vicarious liability. Contact our law office today at (337) 399-9000 to schedule a free consultation with our attorneys at Kenny Habetz Injury Law.
