If you’ve recently been hurt in an accident in Georgia, you might be thinking about pursuing a personal injury claim against the person who caused your injuries. If the person caused the accident while “on the job,” you might have a vicarious liability claim against their employer. Vicarious liability allows accident victims to name employers as defendants in personal injury claims when the at-fault party causes an accident while performing work for their employer.
If you recently suffered injuries due to someone else’s negligence in Douglasville or elsewhere in Georgia, contact the personal injury attorneys of Sherrod & Bernard, P.C. We have built our reputation on treating our clients with the respect they deserve and working tirelessly to seek maximum compensation. We are here to help. Call or reach us online today to learn more in a free consultation.
What Is Vicarious Liability?
Vicarious liability stems from the legal doctrine of respondeat superior, which means, “let the master answer.” Vicarious liability allows victims of accidents caused by employees’ negligence while performing their job duties to hold their employers liable for the losses resulting from the accident victims’ injuries.
For example, suppose a delivery driver causes an auto accident while driving from one delivery stop to the next. In that case, an injured victim in the accident could hold the driver’s employer liable for their injuries and losses.
What Is the Reason for Vicarious Liability?
The law imposes vicarious liability for many different reasons. First, the law recognizes that when an employee negligently causes an accident while performing work that benefits their employer, the employer should bear liability for the injuries and losses arising from the accident. Vicarious liability protects workers from potential personal injury lawsuits arising from actions they took during their job, as a worker’s negligence may have arisen due to factors such as the employer’s failure to adequately equip, train, or supervise the worker.
Vicarious liability also protects injured accident victims by improving their chances of obtaining maximum compensation for their losses from an accident. An individual worker may not have the personal financial resources or insurance coverage to compensate an accident victim for their injuries. However, their employer likely will have greater insurance coverage or assets from which they can pay victims of car accidents or truck accidents that their workers cause.
Are There Any Exceptions to Vicarious Liability?
An employer may escape vicarious liability under certain circumstances. First, an employer may prove they did not employ the negligent party who caused the accident victim’s injuries. Alternatively, an employer may argue that their employee’s negligence did not occur in the course and scope of their employment. Vicarious liability applies only when a worker commits a negligent act while working for their employer.
For example, vicarious liability may not apply when a worker causes an accident while traveling to or from work, because their commute to and from work is not a part of their job duties. Another instance is a restaurant worker coming out from behind the counter to assault a customer. In that case, the restaurant might not bear vicarious liability for the customer’s injuries because the worker completely deviated from their work duties by intentionally assaulting the customer.
Does Vicarious Liability Also Apply to a Georgia Independent Contractor?
The doctrine of vicarious liability does not apply when an independent contractor’s negligence causes an accident. Vicarious liability applies only to hold an employer liable for their employee’s negligence. Because independent contractors work for themselves, the businesses they provide services to will not bear liability for the contractors’ negligence.
In limited circumstances, vicarious liability applies when independent contractors cause accidents and injuries. The following are a few examples:
- The contractor was required by contract or law to perform the action resulting in another party’s injuries.
- The party that hired the independent contractor expressly directed the contractor to perform the action that resulted in another party’s injuries.
- The party ratified (approved of) the contractor’s actions, which resulted in another party’s injuries.
- The party hired the contractor to perform inherently wrongful work.
What Is Needed to Prove Vicarious Liability in a Georgia Personal Injury Claim?
Proving vicarious liability in a personal injury claim will require you to establish the employee’s negligence and the employment relationship with the employer you seek to hold liable for your injuries and losses. Proof of an employment relationship may include evidence such as an employment contract, timesheets, or W-2s. However, proving the worker’s negligence may require more evidence, depending on the nature of the accident.
Examples of evidence that you and your personal injury lawyer at Sherrod & Bernard, P.C., may use to prove a worker’s negligence include the following:
- Accident scene photos/videos
- Eyewitness testimony
- Surveillance footage
- The employer’s accident/incident report
- Maintenance or staffing records
- Police motor vehicle accident reports
- Accident reconstruction expert reports or testimony.
What Compensation Is Available for a Georgia Personal Injury Case Involving Vicarious Liability?
In a personal injury lawsuit asserting a vicarious liability claim, you may recover compensation from an employer for the same losses you have the right to recover from the employer’s negligent employee. Your financial recovery could include money for the following:
- Costs of medical treatment or rehabilitation for accident injuries
- Costs of long-term care or accommodations for permanent disabilities
- Lost wages for time without work while recovering from accident injuries
- Lost future earning capacity due to disabilities that prevent you from returning to your job or doing other kinds of work
- Physical pain and anguish
- Emotional trauma or distress, including reduced quality of life caused by disabilities or significant scarring/disfigurement.
Contact a Georgia Personal Injury Lawyer
If you were recently injured in an accident caused by someone who was on the job at the time, you could be entitled to compensation from that person’s employer. Contact us today at Sherrod & Bernard, P.C., to learn more about your options for pursuing a vicarious liability claim.
For over 30 years, our firm has fought to protect the rights and interests of accident victims in Georgia. Our attorneys have the knowledge, skills, and reputation to tackle challenging cases. We will treat you like family by pursuing the financial recovery and justice you deserve after an accident.
