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Vicarious liability is a legal principle that holds employers responsible for the actions of their employees carried out during the course of their employment. Understanding this concept can assist in navigating the claims process more effectively.

When an employee causes an accident that harms a colleague or member of the public, the employer may be wholly or partly liable.

This is important as employers typically have insurance and the financial means to provide compensation, which individual employees may lack.

Key points for consideration when it comes to vicarious liability

Vicarious liability is based on the principle that when someone acts on behalf of another party, the latter should share responsibility for the outcomes of those actions.

The key principles of vicarious liability are:

1. Employer / employee relationship: Vicarious liability applies only if there is a valid employer / employee relationship.
2. Sufficient connection: There must be a clear link between the wrongful act and the employee’s role. If the act is entirely unrelated to their job, it is unlikely to give rise to vicarious liability.
3. Within the course of employment: The harmful act must take place during the employee’s work and be connected to the duties they were employed to perform. Actions outside the scope of employment may not result in vicarious liability.

Vicarious liability as it relates to accidents at work claims

If you’ve been injured at work due to a colleague’s actions, you may be entitled to make a claim against your employer.

Here are some examples:

• A warehouse worker is injured when a colleague operating a forklift negligently drives into them.
• An office employee suffers harm after slipping on a wet floor caused by a colleague spilling a drink and failing to clean it or report it.
• A construction worker is hurt when a team member improperly secures scaffolding, causing it to collapse.

In such cases, the employer may be held liable as they are accountable for their employees’ conduct in the workplace.

Vicarious liability as it relates to public liability claims

Employers can also be held liable when their employees’ actions cause injury or harm to members of the public.

For example:

• A delivery driver strikes a pedestrian due to careless driving while making deliveries.
• A shop assistant spills liquid in a public area without cleaning it up, leading to a customer slipping and injuring themselves.
• A café employee accidentally spills hot coffee on a customer while serving, causing burns.

In these scenarios, the employer may be liable for the injuries caused, as they are ultimately responsible for the actions and behaviours of their employees during the course of their employment.

Exemptions to vicarious liability being applied

While vicarious liability holds employers responsible for their employees’ actions, there are instances where exceptions may apply. These exceptions depend on the specific circumstances of each case, such as the nature of the employee’s actions and their connection to their role.

Determining whether an employer is liable requires careful assessment of factors like the scope of employment and the relationship between the wrongful act and the employee’s duties. Each case is unique, and liability must be evaluated on an individual basis to establish whether the employer should bear responsibility.

Personal injury claims arising from accidents caused by employees

If you were injured in an accident caused by an employee or a work colleague, you should seek legal advice as soon as possible.

Contact Us for a free initial chat, whether you believe the employee/colleague or employer was liable, and we will assess circumstances and advise you on your options.

Visit Accident at Work Claims or Public Liability Claims to learn more about our services.

This content is for informational purposes and is not intended as advice of any kind.