ABA Family Legal Guide

Personal Injury

Negligence

Automobile Collisions

Are there other instances in which a party not directly involved in causing a personal injury might be liable?

Yes. Besides vicarious liability per se, there are many other cases in which someone besides the direct perpetrator of the injury may be liable to the victim. In these cases, the question is whether the negligence of the third party may have been a fundamental cause of the injury.

Examples include whether a mall owner is liable for attacks in the mall (premises liability, discussed below) and whether tavern owners and social hosts are liable for the drunken driving of those to whom they have served alcohol.