What is vicarious liability?

Vicarious liability refers to the legal principle where one party is held liable for the negligent actions of another party, typically in an employer-employee relationship. In this context, an employer can be held responsible for the actions of their employees if those actions occur within the scope of their employment. This concept is important because it ensures that victims of negligence can pursue claims against not just the individual who caused the harm, but also the employer, who may have more resources to address the damages.

The underlying rationale for this principle is that employers have control over their employees and bear the responsibility of supervising their activities, thus they are incentivized to ensure that they provide appropriate training and support. When an employee acts negligently while performing tasks for the employer, the employer may be vicariously liable for any resulting harm or damage.

In contrast, liability for personal negligence refers more broadly to an individual's own actions and does not extend to the employer. The need to prove fault and its limitations are separate considerations, and liability that is restrained to property owners does not encapsulate the nature of vicarious liability, which is primarily concerned with the relationship between an employer and their employees.