What is meant by vicarious liability?

• Vicarious liability arises in circumstances where one person is held responsible for the conduct of another person unless that person can show that ‘all reasonable steps’ have been taken to reduce this liability.
• For example:
  • an employer may be vicariously liable for negligent acts or omissions by his or her employee done in ‘the course of employment’. Proof of fault on behalf of the employer is often not required. They will be responsible for their employee’s negligence regardless of any wrongdoing on their own part; and
  • a contractor may be liable if their subcontractors fail to finish certain work or do the work incorrectly.
• The primary liability will still be of the negligent party who is in this case the employee.
• The vicarious liability is a secondary liability incurred by the employer.
• Usually both will be liable jointly and severally. This means you recover the entire compensation amount from one of these people or from both in proportion to their responsibility.
• If you think your professional negligence claim may be complicated by vicarious liability you can use our Phone a Lawyer service to get a preliminary consultation.