What Is Vicarious Liability?
Vicarious liability is legal responsibility imposed on one party for the wrongful acts of another, based on the relationship between them rather than on the first party's own fault. The most common example is an employer held liable for an employee's negligence committed on the job — even though the employer did nothing wrong personally.
Respondeat Superior
The leading form of vicarious liability is respondeat superior ("let the superior answer"), under which an employer is liable for torts an employee commits within the scope of employment. The theory places responsibility on the party who controls and benefits from the activity, and who is better positioned to insure against the risk. Acts outside the scope of employment — a purely personal "frolic" — generally fall outside it.
Vicarious Liability in Florida
- Employers for employees acting within the scope of employment
- Vehicle owners under Florida's "dangerous instrumentality" doctrine, which can make an owner liable when someone they permit to drive their vehicle causes harm
- Principals for certain acts of their agents
Related Terms
- Negligence — The underlying wrong attributed to another
- Principal — May answer for an agent's acts
- Damages — What a vicariously liable party may owe
Barnes Walker Litigation
Barnes Walker's litigation attorneys handle liability disputes involving employers, owners, and agents in Florida. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC