If you’ve been injured in an accident caused by someone else, you may be surprised to learn that the person who caused the accident isn’t always the only one who can be held accountable.
Under California’s vicarious liability laws, an employer or parent can also be held legally responsible — even if they didn’t directly cause the harm. Here’s a simple breakdown of how vicarious liability works and why it matters in personal injury cases.
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What Is Vicarious Liability?
Vicarious liability means one person or party can be held responsible for the actions of another. In California, this most commonly applies when:
- An employer is held liable for the actions of an employee.
- A parent is held liable for the actions of a minor child.
As long as the wrongful act happened within the scope of the relationship (such as during work hours or while doing job-related tasks), the other party may be financially responsible.
This is important because employers or parents often have greater financial resources or insurance coverage, making it easier for injured victims to recover damages. A knowledgeable Santa Clarita Personal Injury Attorney and Santa Clarita Valley Accident Attorney can evaluate these types of claims and identify all potentially responsible parties.
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Real-Life Examples of Vicarious Liability
Here are a few situations where vicarious liability may apply:
🚛 Employer Example:
A delivery company, such as Amazon or FedEx, hires a driver who is hits a pedestrian while making his deliveries in Santa Clarita Valley. If the driver was the cause of the pedestrian accident, then his employer, i.e., the delivery company, can be held responsible for the accident, including your medical bills, lost income, and pain and suffering.
🧒 Parent Example:
A teenager in the San Fernando Valley throws an object that damages a car and causes a car crash. The parents may be liable for any injury or damage their child caused.
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Employer Liability Explained
For an employer to held liable for their employees’ negligent actions, the following factors must be met:
1. The negligent action, e.g. car accident or truck accident, occurred while the employee was performing his or her work.
2. The employee was doing something related to his or her job, i.e. the accident occurred during the course and scope of the employee’s work.
3. The negligent act, e.g. the accident, was something the employer could reasonably expect to happen.
Even if the employer did not directly order or approve the employee’s careless action, the employer can still be held legally responsible. A Los Angeles County Personal Injury Attorney or Los Angeles County Accident Attorney can investigate the details to hold the right parties accountable.
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Factors That Can Affect Employer Liability:
1. Scope of Employment: Was the employee doing his or her job at the time of the accident?
2. Level of Control: How much authority or control did the employer have over the employee’s actions?
3. Foreseeability: Was the action, e.g. was the accident something that could have been predicted based on the job?
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When Are Parents Liable in California?
Under California law, parents may be held responsible for their child’s actions if:
1. The child intentionally harms another.
2. The parents knew the child had a history or propensity for dangerous behavior, and yet didn’t prevent the harm caused by their child.
3. The child gained access to a firearm the parents allowed, leading to an injury.
4. When a minor child’s driving causes a car accident.
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What About Independent Contractors?
In most cases, companies are not liable for the actions of independent contractors, but there are exceptions:
1. Control: If the company that hires the independent contractor has a lot of control over how the contractor works.
2. Non-Delegable Duties: Some tasks can’t be passed off to others legally. These generally include ultra-hazardous duties and tasks.
3. Estoppel: If a business makes a contractor seem like an employee, they might still be held liable for the contractor’s negligent actions.
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Legal Consequences of Vicarious Liability
If someone is found vicariously liable in a personal injury case, they may have to pay for:
- Medical bills;
- Lost wages;
- Pain and suffering;
- Property damage; and
- Other related costs
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Multiple People Can Be Held Liable
In some cases, both the person who caused the injury (the employee) and another party (like an employer) may be legally responsible. A Santa Clarita Personal Injury Attorney or Santa Clarita Accident Attorney will work to ensure all liable parties are included in your case.
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Why Timing Matters: Act Quickly After an Injury
If you’ve been injured, it’s crucial to take legal action as soon as possible. Here’s why:
1. Evidence can disappear: Witnesses forget, and physical proof can get lost.
2. Proving who’s responsible is easier the sooner you act.
3. You have limited time to file a claim. This is called the statute of limitations. If the injury was caused by a government or public employee, your statute of limitations is even shorter because you will need to submit a government claim form within six months from the date of the incident or injury.
So, waiting too long could mean losing your right for compensation, entirely.
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Our Role As a Personal Injury and Accident Attorney
A skilled personal injury and accident attorney will help you determine liability and strategize as to the best way to present your case, including any arguments to be made for vicariously liability.
The Mason Law Firm handles all kinds of personal injury and accident cases, including car, truck, motorcycle, bicycle, pedestrian, and bus accidents. We also handle slip and fall cases. So, if you are injured in an accident or a slip and fall, we are here to help you.
We are managed by Mason Rashtian, who has been litigating personal injury and accident cases since 1997, first as a defense attorney and now as a plaintiff’s injury attorney, helping those who have been harmed by the carelessness (negligence) of others.
We take matters throughout California, including Los Angles (Los Angeles County Personal Injury and Los Angeles County Accident Attorney), Santa Clarita Valley (Santa Clarita Valley Personal Injury and Santa Clarita Accident Attorney), San Fernando Valley (San Fernando Valley Personal Injury and San Fernando Valley Accident Attorney), and Antelope Valley (Lancaster and Palmdale Personal Injury and Accident Attorney).
If you are injured in an accident or a slip and fall, please feel free to contact us for a free consultation. We work on contingency. So, there is never any out-of-pocket fees or expenses for our clients. You can reach us at (661) 476-5678, or by simply filling out our contact page by clicking here.