Vicarious Liability: What Is It?

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Vicarious Liability Claims 

If you want to make a personal injury claim you may need to be aware of what vicarious liability is in order to make a claim. First Personal Injury are here to explain what vicarious liability is and to help you if you have any concerns about the process.  

To assess your claim, contact us on 0800 808 9740 or online. 

About Vicarious Liability 

In the simplest terms, vicarious liability refers to a legal situation where someone is held responsible for the actions of another person. For example, in the workplace an employer can be liable for the acts or an omission of action of its employees.  

Therefore, if an employee hurts someone while carrying out their job role, the employer may be vicariously liable for this incident. The claim that the injured person makes will be against the company that the employee works for (the employer) rather than the individual. 

Employers’ Liability Insurance  

Companies and organisations should have employers’ liability insurance in place so that they can deal with vicarious liability situations. When insuring their businesses, employers understand that they will probably have to pay potential claimants and so they factor this into their costs.  

Vicarious Liability Disputes 

In certain cases, employers may try to dispute liability for accidents and injuries that were caused by their employees. These sorts of disputes are normally brought on the following grounds:  

  • The employee did not harm the claimant during their working hours/job duties. For example, if a delivery driver caused an accident after they had finished their shift and were driving home in a company vehicle, the company may argue that they were acting independently at that point.  
  • The person who caused harm in the case was not an employee, but an independent contractor or another non-employee worker. This sort of argument could be used by companies like Uber, who consider their employees to be contractors.  

Employee Injured By Another Employee 

Vicarious liability doesn’t just cover customers or civilians who are hurt by employees, it can also cover employees who are hurt by their co-workers. If the employee was hurt with malicious intent by another employee, such as in an assault, this would be outside the remit of vicarious liability and it would be handled as a criminal case between two individuals.  

However, if the incident is related to the specific job role or scenarios that occur in the workplace, then it would be handled as a case of vicarious liability. 

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Making Personal Injury Claims 

If you have suffered a personal injury, you may be entitled to receive compensation. First Personal Injury solicitors are available to assist you and ensure that you win the compensation that you deserve. 

First Personal Injury work with both families and individuals across England and Wales, leading them on their legal journey and helping them claim compensation after an accident or injury. Contact our specialist team to begin the process, either by phone on 0800 808 9740 or through our online form. 

Have you been in an accident recently? Call us on 0800 808 9740 or make a claim here.

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