Posted in Personal Injury on September 13, 2021
Anytime a person sustains an injury caused by the actions of another individual, they should be able to recover compensation for their losses. However, there are times when other parties could also be held liable aside from the person who actually caused the injury. This can include an employer. Here, we want to discuss “Respondeat Superior” and look at how it applies to assigning liability to other parties aside from the person who caused the injury.
Understanding Respondeat Superior and Vicarious Liability
The very first thing a personal injury attorney is going to do when they take a case is determine who is responsible for causing harm to their client. While this may seem like a single individual at first, the reality is that there are often other parties involved who could also hold liability. It is important to name everybody that may be responsible when filing a lawsuit.
The legal doctrine of Respondeat Superior is based on a Latin term that means “let the master answer.” In modern law, this places vicarious liability on any third party that may have had the duty to control the individual who caused the actual injury. Respondeat Superior dates back for centuries, going back to English Common Law.
Without the theory of Respondeat Superior, companies would have very little reason to enforce standards of care on their employees. For example, there would be no need to encourage an employee to operate a company vehicle safely, particularly if the company would not ultimately be liable for injuries caused by an accident.
The most common use of the Respondeat Superior doctrine revolves around holding employers liable for the actions or omissions of employees. This can apply in a wide variety of ways for California personal injury cases, including:
- Holding municipalities accountable for vehicle accidents caused by government workers
- Holding healthcare agencies accountable for medical mistakes made by healthcare workers
- Holding trucking companies accountable for mistakes made by truck drivers
These or only a few examples of how Respondeat Superior or vicarious liability could apply to a California personal injury claim. If you think that the person who caused your injury was operating under the auspices of another entity, you need to speak to an accident lawyer today.
Working With a Lawyer
If you or somebody you care about has been injured due to the careless or negligent actions of someone else, you need to work with an attorney as soon as possible. An attorney will be able to handle every aspect of your case, including exploring all possible liable parties. Often, injury victims may not even know that an incident was caused by the actions of someone who was performing job-related duties. When an attorney conducts a complete investigation, they will be able to uncover possible employers that could hold liability. This is important because employers may have insurance policies with much higher limits, meaning more compensation for an injury victim.
Individuals who sustain injuries caused by another individual should be able to recover compensation for their medical bills, property damage expenses, lost income, household out-of-pocket expenses, pain and suffering damages, and more.