Vicarious Liability, Essay Example

Defendants can be held vicariously liable for the negligent actions of their employees. Vicarious liability the a type of serious, secondary liability that is found under the law doctrine of respondeat superior, where an obligation of any third party who has a “right, power, or duty to monitor” the actions of a violator, or, in a wider context, the accountability of  third party who had the “right, ability, or duty to control” the violator’s activities. This form of law is under tort law which implies a wrongful act or breach of a right that results in personal action. “Public nuisance is both a felony and a tort.”  This means that the actions of an employee can therefore make the employer be held liable. Negligence is a theory of law that must be proved before one can hold a company or individual responsible for the harm that one suffered—implying that the employee has to show some element of negligence before they can be vicariously liable[1]. The results normally Are the employers are forced to pay for damages that can be significantly high.

The instances by which companies can be held accountable for the actions vary. A good case example is when an employee says a doctor working for a bank is found guilty of sexually assaulting another employee. The aggrieved party will press charges on the company that has employed them. The doctor’s actions will be taken as the actions of the company, and as a result, the company will be held liable[2]. They are implying that the company will pay damages for the negligence of the employee. The doctor will not be asked to pay the cracks, and as a result, the company will have to pay for the damages as vicarious liability.

Similarly, another case of a company’s vicarious liability for the employee’s negligence is when an employee is found racially abusing a customer. At this point, the actions of the employee are viewed as the actions of the company. A case example is when Morrisons supermarkets limited was held liable for the actions of their employee. Their employee racially abused Mohamud, who was a customer purchasing products from the supermarket.

A case example is a court case between Oliver Strait, the plaintiff, and the respondent Hale Construction company. The lawsuit also had Topham and sons as a plaintiff and respondent William Young JR. In this case, a driver was suing his company for damages after he had an accident in his line of duty. Moreover, the truck owner sued for damages to their tract after an excavator caused the accident. In this case, the person operating an earthmover had an element of negligence that resulted in the accident. As a result, a road construction company working the earthmover was held vicariously liable for the employee’s failure. In this case [26 Cal. App. 3d 945] it was hard knowing the person who was supposed to be held liable since the earthmover belonged to a farmer who had leased it to the construction company[3]. However, the Hale company was forced to pay for the damages since the accident resulted from the negligence of their employee.

It is sometimes crucial that employees are held liable for their actions, especially if it’s a mistake. For example, the doctor that sexually assaulted another employee was acting in their own volition. In such a position, the company should not be held liable for the actions of the employee. This is because that is not part of the doctor’s contract and job description. However, it becomes controversial since the doctor in performing his task performs on behalf of the company.

There exists a relationship between an employee and the employer. This relationship requires the employee to do business dealings on behalf of the company and employers. This implies that this right that they are given ensures that the employee’s actions are the companies action. Negligence from the employee will therefore be termed as negligence by the company and employers[4]. Thus, allocation will consequently make the employer always be held responsible for the employee’s negligent actions. It, therefore, becomes right under the law to ensure that the employer will be liable for the actions of their staff. Vicarious liability can also be extended to a scenario where there is no salary or work is involved. In this scenario, an entity that is not an employee has to go through a situation that will require the company to pay for the damages.

A perfect example would be when the ministry of justice is held liable when a prisoner hurts another prisoner in the line of work. For example, the prisoners are offloading foodstuffs from a truck, and another employee drops a heavy load on another prisoner and hurts him. The injured prisoner can then sue the ministry of justice as the prisoner was acting in contract with the church.

In conclusion, employees can be held vicariously liable for the actions of their employees. However, there has to be proof of negligence from the employee. The aggrieved party can then be paid for damages caused. However, the employee who was working for the company will not be held accountable for the liability. The company that the employee was working for will be held responsible and will have to pay for the damages since they are responsible for the actions of their employees.

Bibliography

ACO C, “Vicarious Liability” (2019) 73 Canadian Journal of Optometry 13

Choudhry A, “Vicarious Liability: Employers Face Big Damages for Employees’ Actions” (Personnel TodaySeptember 20, 2017) <https://www.personneltoday.com/hr/vicarious-liability-employers-face-big-damages-employees-actions/>

“Medical Negligence and Liability of a Doctor Under Tort Law: A Criticalanalysis” (2013) III Indian Streams Research Journal 1

“Strait v. Hale Constr. Co.” (Justia Law) <https://law.justia.com/cases/california/court-of-appeal/3d/26/941.html> accessed May 14, 2021

[1] CAO ACO, “Vicarious Liability” (2019) 73 Canadian Journal of Optometry 13.

[2] “Medical Negligence and Liability of a Doctor Under Tort Law: A Critical Analysis” (2013) III Indian Streams Research Journal 1.

[3] “Strait v. Hale Constr. Co.” (Justia Law) <https://law.justia.com/cases/california/court-of-appeal/3d/26/941.html> accessed May 14, 2021.

[4] Akshay Choudhry, “Vicarious Liability: Employers Face Big Damages for Employees’ Actions” (Personnel TodaySeptember 20, 2017) <https://www.personneltoday.com/hr/vicarious-liability-employers-face-big-damages-employees-actions/>.