Vicarious Liability



Vicarious Liability

Vicarious liability is the process when a person is held potentially liable and responsible for the damages which are not caused by him, but by someone else. It is the law in which a party is held liable for the wrong doings of another party. It is also sometimes referred to as imputed liability. This is typically seen in the cases of franchises. Such a relationship generates the claim of vicarious liability since the use of trademark, quality standards and controls is not limited to a single person or company. The franchises which are into product distribution face less risk of getting affected from vicarious liability, at least outside the claims of product liability. The business format franchisors, who need to have uniform standards and systems, are more vulnerable to vicarious liability. The employer of a person who, because of his negligence towards work, injures somebody, will be held responsible for the activity of the employee (www.legal-dictionary.thefreedictionary.com). The superior is held for the acts of a subordinate. The imposition of vicarious liability on an employer does not necessarily mean that the employer is at fault. Vicarious liability is not capable of creating s cause for action. It, rather, allows the existing cause of action to be used as reliance against the employer of tortfeasor. Justification of vicarious liability on an employer is given on the basis that the employer is at a better position to absorb the loss that the liability brings along. Such a liability encourages the employer to monitor the work of the employees and keep them in line with the laws and regulations of the company and the agencies.

The Case of Robert Courtney

The concept of vicarious liability is applicable to the case of Robert Courtney, the ex-pharmacist, who was charged with diluting the drugs that ...