Vicarious Liability of Employers for Negligence by Their Employees
If you are injured at a shop, restaurant, or other place of business, the parties involved are often employees of the business, which is a corporation or other entity. In other cases, you may be involved in an accident with someone that is going about their work among the general public. In some cases, where an injury is caused by the negligence of an employee, vicarious liability allows the injured party to sue the person’s employer for compensation.
What is the basis for vicarious liability?
Employers often have a great deal of control over every aspect of their business. They make decisions regarding hiring, training and supervision of employees. They set rules with respect to how employees act on the job, and provide any tools or equipment necessary to complete their tasks. Vicarious liability encourages employers to be careful in choosing employees, to provide proper training, and to ensure that they are properly supervised during work.
There is also a financial rationale for vicarious liability. Businesses profit from the work their employees undertake, and should therefore bear the financial risks associated with those employees.
From a policy perspective, vicarious liability also encourages justice and restitution for victims. Companies and large businesses are more likely to be insured, and generally have a greater capacity to pay compensation to injured victims.
Other relationships that may give rise to vicarious liability
Although the most common situation giving rise to vicarious liability involves an employment or contractor relationship, it can potentially exist in any circumstance where there is a relationship of power and control between parties. For example, parents may be vicariously liable for the actions of their children, and vehicle owners may be liable for the negligence of a person driving their car with permission.
Trustworthy legal advice for your personal injury and negligence claim
If you have been injured in an accident, it is crucial to speak with an experienced lawyer who can identify every potential avenue of compensation. At Derfel Injury Law, we exclusively represent personal injury victims, and have acted on a large number of claims involving vicarious liability.
Our team works hard to ensure that our clients get the support their need throughout their claim, and always have time to answer questions. We can meet clients at convenient locations in Toronto. Contact us online or call 416-847-3580 to make an appointment to discuss your potential claim.