Vicarious liability is where an employer or superior is held responsible for the acts of its employee or the person whose work they control. For example, if a truck driver causes an auto accident, the trucking company is probably going to be responsible for the actions of its driver. Vicarious liability is also referred to as agency, apparent agency, and respondent superior. If you have any questions concerning vicarious liability or other legal issues, please contact the attorneys at Ankin Law Office at 312-600-0000.
Employers are usually vicariously liable for the negligent acts or omissions of their employees. The employer is not liable if the employee does something negligent that is not tied to his or her employment. So basically, an off-duty UPS driver who is not in his UPS truck does not make UPS liable if he or she runs a stop sign and hits another vehicle.
In order for an act to be considered part of employment, the act must have been either directly authorized or been performed in conjunction with another authorized act.
Employers are also liable through the Latin “qui facit per alium per se.” This means that the one who acts via another person acts in his or her own interests. The concept is parallel to the ideas of vicarious liability and strict liability. It is also parallel to the idea in Criminal Law or other torts that one person can be held liable for the acts or omissions of another.