Vicarious Liability in California Personal Injury Law
Anyone who causes you harm is legally responsible for their actions, but are they the only ones responsible for paying for your damages?
Under the laws of vicarious liability in California, multiple individuals can be liable to compensate you for injuries caused by one bad actor.
This vicarious liability law can increase the likelihood that someone will have the means to cover your losses.
If you have been injured by the misconduct of someone else, speak to our experienced personal injury attorneys at Starpoint Law.
We can make sure the appropriate parties are held responsible for your pain, and we can maximize your damages.
What Is Vicarious Liability?
California’s vicarious liability rule states that certain relationships between individuals create a situation where the bad actions of one person in the relationship are the responsibility of others in the relationship.
As explained in the Judicial Council of California Civil Jury Instruction 3700 and California law, the following parties are legally responsible for the tortious or criminal actions of another:
- A business or person is responsible for the harms caused by their agent;
- An employer is responsible for the misconduct an employee commits within the scope of their employment (this is also called respondeat superior in California);
- A parent or guardian is responsible for the willful misconduct of their minor child; and
- An individual is responsible for any crime they encourage another person to commit.
While these rules give you multiple sources from which you can recoup your damages, identifying all parties who are vicariously liable for your injuries can be a difficult task.
You might have to battle with potential defendants to prove that the party who hurt you was their employee or agent or that their harmful behavior was within the scope of their duties.
Once you prove that a party is vicariously liable, you must also prove that the person who harmed you was negligent or committed a wrongful act against you.
Analyzing these matters is a complex undertaking and best left to the judgment of a skilled and experienced personal injury attorney.
Our Personal Injury Attorneys Can Help You Recover What You Deserve
At Starpoint Law, our experienced personal injury attorneys have a perfect track record. And we do not provide one-size-fits-all representation for our clients.
We give each of our clients' one-on-one attention to help make sure all their unique needs are addressed in legal actions.
We also communicate with our clients every step of the way so that they are not left in the dark about the direction of and developments in their cases.
We are ready to listen to your story and help you right the wrongs others have committed against you.