Negligence Liability: Who is Responsible?

This article discusses holding employers and corporations vicariously liable for negligence. It also discusses strict liability. Strict liability often arises in the context of defective products.

Vicarious Liability: Employers and Corporations

If businesses, partnerships, organizations, or large corporations fail to properly exercise an appropriate level of care to ensure the safety of others, they may be held legally responsible for resulting injuries. This is especially true in personal injury cases stemming from slip and fall incidents. Employers must exercise reasonable care.

Under vicarious liability principles, an employer may also be held liable for job-related accidents involving its employees. This is true even if the employer wasn’t present at the time of the accident.

To illustrate the concept of vicarious liability, consider a hypothetical car accident scenario. Suppose Sally, an employee of Acme Office Supply, runs a red light and is involved in a motor vehicle accident with Pat while making a delivery in a company van during work hours. Sally may be found to be at fault for causing the accident with Pat. Under a theory of vicarious liability, Sally’s employer, Acme Office Supply, may also be held legally responsible for Sally’s negligence. This is because Acme is accountable for any carelessness on Sally’s part that might occur in the ordinary course of Sally’s employment duties. That includes how Sally drives while making deliveries for the company.

In the above scenario, Acme Office Supply is more likely to be financially secure than Sally. As a result, Acme Office Supply may be a more attractive defendant  to sue than Sally in a personal injury lawsuit or accident case.

Strict Liability Cases

Certain types of personal injury cases apply a different rule of fault called strict liability. Strict liability cases usually involve defective products or certain inherently dangerous activities. Examples of inherently dangerous activities include:

• Shipping toxic chemicals
• Keeping a dangerous animal on your property
• Skydiving

In cases involving an accident or injury, you must usually prove a duty of care and negligent or careless conduct (breach of duty). This negligent or careless conduct must also cause or contribute to your injury. This is known as causation. A negligence case evaluates whether a person’s actions conformed with those of a”prudent person”in determining liability for a plaintiff’s injuries.

Under a strict liability theory, you may be able to recover damages for injuries caused by a defective product without proving the elements of negligence as the injured party. In a products liability case, you just have to prove the following:

• The product or activity was unreasonably dangerous
• Your injuries resulted from this dangerous product or activity

Holding manufacturers responsible for these injuries gives them an incentive to ensure their products are safe for the general public.

Have Questions About Negligence Liability? Speak With a Personal Injury Lawyer

Determining who’s liable for your injuries is no easy task. That’s why many lawyers specialize in personal injury claims. It’s normal to have questions about liability for your injuries, emotional distress, or negligence claims and wondering how you’re going to cover your medical treatment, ongoing medical bills, and other medical expenses.

When you need answers, a skilled personal injury attorney can offer legal advice for your claims. An attorney knowledgeable about personal injury law can explain how negligence liability laws apply to your particular situation as an injured person.