Are you the owner of a small business? Then you have to read this article.
If you think you don’t have to concern yourself with the actions of your employees, you couldn’t be more wrong.
If a worker gets into an accident or injures someone while performing a work-related task, the employer can be held responsible.
Victims of such accidents should be aware of their rights and hire car accident lawyers for company vehicle accidents.
This article will talk about respondeat superior and vicarious liability and the damages victims are entitled to.
What is Respondeat Superior?
“Respondeat Superior” is a Latin phrase that means “let the master answer.” It’s a concept in personal injury law that holds employers accountable for the actions of their employees.
An Example
For example, if an employee gets into an accident while driving the company car, the employer can be held accountable. This only applies if the task that the employee was doing was within the scope of their job description. If the employee got into an accident outside of work hours, the employer cannot be held liable.
Employers cannot be held responsible for violent or criminal acts of employees, like assault and murder. As this is not related to any tasks at work, respondeat superior does not apply.
What You Have To Prove
In order to win an injury claim based on respondeat superior, you will have to prove that the employee was performing a task related to work and further prove that they acted negligently. Lawyers sometimes choose to go after the employer because businesses typically have more extensive insurance coverage for these types of accidents.
Oftentimes, employees don’t have proper insurance coverage, and it may be insufficient to cover the damages of your accident. In such cases, it is better to sue the employer.
Damages You’re Entitled To
Under the concept of respondeat superior, you are entitled to the usual set of damages that come with personal injury claims, which includes the cost of medical treatment, the cost to repair any damaged property, compensation for any time that the victim needed to take off work, and so on.
In addition, if you suffered psychological trauma due to the accident, you may be entitled to compensation under the pain and suffering concept. The amount awarded for these damages varies from case to case and is typically decided by the court.
How A Lawyer Can Help
Hiring a lawyer will be beneficial for your claim, as they can guide you on how to collect evidence that shows the employer is responsible. They will also be able to verify what damages you’re entitled to and make sure everything is included in your claim.
A lawyer’s experience will also come in handy, as they will be aware of common tactics used by businesses to avoid liability. A good lawyer will be able to come up with a strong strategy to back up your case.
Vicarious Liability
A similar concept in personal injury law is vicarious liability, where a person can be held responsible for the actions of another. This is dependent on the relationship between the two parties; for example, parents can be held liable for the actions of their children.
One common example cited for vicarious liability is a friend who lends their vehicle to another friend despite them being clearly intoxicated. If this driver gets into an accident, the owner of the vehicle can be held responsible for lending the vehicle to them in the first place.
The damages granted to victims for vicarious liability are similar to those awarded for respondeat superior. This includes the cost of medical treatment, lost wages from time taken off work, the cost of repairing damage to property, and so on.
