In some situations, a person can be held responsible for the actions of another who is in their service or follows their instructions. Vicarious liability is the legal concept that allows one party to be liable for injuries or damage suffered by another party, despite not having actively participated in the incident. Persons or legal entities normally held vicariously liable include persons in supervisory positions or companies. This is because these two groups bear responsibility for the actions of their employees.
Like any legal concept, there are a variety of situations where vicarious liability may apply. One of these cases is in the event that a contractor’s subcontractor fails to complete a job, performs a job improperly, or is found guilty of some other breach of contract. The contractor, since he hired the subcontractor, is liable for the subcontractor’s actions because the contractor was employing the subcontractor.
If a child or minor harms another person or damages a part of another person’s property, the parents may be held vicariously responsible. The theory is that parents are in a position to exert some control over their children and are responsible for controlling their offspring. Therefore, when the child or minor is kneaded, the parents are responsible.
Employers are the group most commonly considered vicariously responsible. They have been charged when an employee is accused of sexual harassment, discriminatory behavior toward potential employees or customers, and any other situation where one employee in any way causes harm to another. An employer can be locked into a legal situation regardless of whether the employee is acting contrary to the policies established by the employer or following the letter of the rules.
The idea behind vicarious liability is to hold the truly responsible party accountable when the damage is committed. If an employee is following company standards when harm is done, it makes sense to hold the employer accountable. This makes sense because the employer created the policies the employee was following when the damage occurred. The same is true for parents. Parents have a responsibility to ensure that their children are held within the standards of society. When kids don’t, it’s often because their parents were absent or somehow allowed them to do something that was wrong.
For more information on vicarious liability, as well as the many other forms of liability in the area of civil law, visit http://www.attorneyillinois.net.