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What is vicarious liability?

In some situations, a person may be held responsible for the actions of another who is in their employ or following their instructions. Vicarious liability is the legal concept that allows one party to be liable for injuries or damages suffered by another party, despite not having an active role in the incident. Persons or legal entities that are normally charged with vicarious responsibilities include persons in supervisory positions or companies. This is because these two groups bear responsibility for the actions of their employees.

Like any legal concept, there are a variety of situations in which vicarious liability can apply. One such case is in the event that a contractor’s subcontractor fails to complete a job, performs a job improperly, or is found guilty of some other violation of the contract. The contractor, since he hired the subcontractor, is liable for the subcontractor’s actions because the contractor was employing the subcontractor.

If a child or minor harms another person or damages a part of another person’s property, the parents may be held vicariously liable. The theory is that parents are in a position to exert some form of control over their children and are responsible for controlling their offspring. Therefore, when the son or minor kneads, the parents are responsible.

Employers are the group most commonly held vicariously liable. They have been charged when an employee is accused of sexual harassment, discriminatory behavior towards potential employees or customers, and any other situation where an employee in any way causes harm to another. An employer can be tied to a legal situation regardless of whether the employee is acting against the policies established by the employer or following the rules to the letter.

The idea behind vicarious liability is to hold the party truly liable when the damage is done. If an employee is following company standards when harm is done, it makes sense to hold the employer accountable. This makes sense because the employer created the policies that the employee was following when the damage occurred. The same is true for parents. Parents have a responsibility to ensure that their children remain within society’s standards. When kids don’t, it’s often because their parents were absent or somehow allowed them to do something wrong.

For more information on vicarious liability, as well as the many other forms of liability in the area of ​​civil law, visit http://www.attorneyillinois.net.

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