ABA Family Legal Guide

Personal Injury

Negligence

Automobile Collisions

What is the rationale for vicarious liability?

Vicarious means "taking the place of another." In the case of the delivery person, it means that the employer will be liable for the actions of its driver if the injury occurred in the course of business and if there is a connection between the conduct and what the driver was employed to do. Yes, in theory the driver might be a defendant also, but since the employer presumably has far greater resources than the driver, the employer is the more attractive target of the suit and will face the primary liability.

Many may feel that this concept is unfair to employers, which have to insure against this liability. However, the concept is often justified because it helps secure fair compensation for victims, and gives companies every incentive to deter harmful conduct by maintaining high standards and having rigorous training programs and procedures to guard against these risks.