Generally, only parties who directly contribute to the cause of someone’s injuries are legally liable for the victim’s damages. However, vicarious liability can hold someone else liable for the at-fault party’s wrongdoing.
Vicarious liability is based on the relationship between the two parties, such as employer-employee or parent-child relationships. The Official Code of Georgia Annotated §51-2-2 states that a person is liable for torts (i.e., negligence and wrongful acts) committed by their wife, child, or servant. The act must be by the party’s command or within the scope of their business.
Legal Elements of a Vicarious Liability Claim in Georgia
If a party is vicariously liable for a personal injury claim, a jury could decide the party is responsible for the victim’s economic and non-economic damages. However, the victim must prove specific elements of vicarious liability to win their case. Those elements include:
The Relationship Between the Parties
The employer-employee relationship is among the most common cases involving vicarious liability. However, vicarious liability can also apply to other relationships where one party (e.g., the principal) has authority or control over another party (e.g., the agent).
Examples of relationships that could result in vicarious liability include, but are not limited to:
- Parent-child
- Doctor-patient
- Employer-employee
- Business partner-business partner
- Vehicle owner-driver
Vicarious liability usually does not apply to independent contractors. Independent contractors are generally responsible for their conduct because they are not under the control of their clients, as an employee is under the control of their employer.
However, a party could be liable for the actions of independent contractors in some situations. For example, if the party directed the independent contractor to engage in specific conduct or approved the contractor’s conduct, they could be liable for any damages caused by the conduct.
Negligence, Intentional Torts, and Wrongful Acts
Vicarious liability can be based on an agent’s or employee’s negligent or intentional acts. For example, a trucking company might be vicariously liable if one of its drivers negligently causes a truck accident. Likewise, an employer could be liable if an employee attacks a customer while at work.
Scope of Employment
The scope of employment is key in cases involving employers and employees. The wrongful act must have occurred during the employee’s scope of employment. However, it could also include acts performed to benefit the employer’s business or connected to the employee’s job duties.
Non-Delegable Duties
Some duties cannot be delegated to an employee. An employer may have a duty of care that holds them responsible for damages even if they did not control the employee’s actions or directly participate in the wrongful acts.
Defenses to Vicarious Liability Claims
An employer or principal may allege one or more defenses to vicarious liability. For example, an employer may allege that an employee was not within the scope of their employment when they committed the acts. The employee may have acted without authority outside of the employer’s control.
A hospital might argue that a doctor was not an employee; the doctor only had privileges to operate at the hospital.
A trucking company may offer evidence that a truck driver is an independent contractor.
An attorney will investigate the defense to determine if it has merit. They can gather evidence to challenge the defense and prove that the employer or principal is vicariously liable for the actions of the party who caused your injuries.
How Can Vicarious Liability Impact Your Personal Injury Case?
Employees may have limited resources to pay damages for a personal injury claim. They may not have sufficient insurance or any insurance to cover the claim. Employers typically have more resources, including liability insurance policies with substantial policy limits.
The employer/principal becomes liable for damages when you prove vicarious liability, as you can increase the source of potential compensation for damages.
Damages in a personal injury case include financial losses or economic damages such as:
- Medical bills
- Out-of-pocket expenses
- Lost wages and benefits
- Nursing and/or personal care
- Diminished earning capacity
- Rehabilitative therapy
Victims may also receive non-economic damages for intangible losses, including:
- Pain and suffering
- Impairments and disabilities
- Emotional distress and mental anguish
- Scarring and disfigurement
- Loss of quality of life and enjoyment of life
The value of your personal injury case depends on the factors involved, including the severity of your injuries and your monetary losses. If you are partially to blame for causing your injuries, your damages could be reduced by your level of fault under comparative fault laws.
Get Help With a Georgia Personal Injury Claim
If someone caused your injuries, The King Firm Car Accident and Personal Injury Lawyers can help you. Call a Griffin personal injury lawyer at (404) 567-4546 or contact us online for a free consultation. They can identify each party who could be liable for your injuries to maximize your chance of recovery for damages.
