Harris Creech Ward and Blackerby, P.A.: Vicarious Liability: What is It and Why Does it Matter to You?

The doctrine of vicarious liability permits harmed individuals to sue employers for the negligent acts of their employees in certain circumstances. Read on to learn how to protect yourself from such claims.

If an employee has been hurt due to the negligence of a third-party in the state of North Carolina, that person may be entitled to recover damages from their employer. How is that possible?  Let’s take a brief look at how the doctrine of vicarious liability is applied in the state, and what you, as the employer, need to do to protect yourself against all types of injury claims.

Under North Carolina law, the doctrine of vicarious liability applies to certain negligent acts performed by employees during the course and scope of their employment.  At the most basic level, vicarious liability allows a harmed individual to hold an employer liable for the negligent acts of their employees.  A separate injury claim is not required.  Simply stated, the original injury claim can be brought against you, the employer.

By way of an example, suppose that an individual sitting at a red light is hurt in a motor vehicle accident caused by someone speeding. The driver acted negligently by failing to acknowledge the red light, speeding, and failing to pay reasonable attention to the road such that they did not react to the presence of the individual’s automobile in time to prevent a crash.  Normally, the injured party would sue the driver for negligence. However, after an in-depth investigation of the facts, the hurt individual may find that the driver was your employee who was acting within the course and scope of their employment at the time of the crash.  Given such circumstances, that individual may be able to sue you, as the driver’s employer, on the basis of vicarious liability.

As the driver’s employer, if you did not conduct a proper background check on the driver-employee, you may be subjected to liability for the accident.  If that is the case, you could face a separate and independent claim on the basis of negligent hiring (or negligent supervision) of an employee. That is why it is extremely important for you to seek legal guidance as soon as possible to learn more about your legal options.

From the hurt person’s standpoint, what is critical to a determination of vicarious liability is that the negligent employee’s acts were within the course and scope of their employment.  The “course and scope of employment” can be difficult to define, but generally speaking, a North Carolina court will find that this element has been satisfied if the employee, in acting negligently, was performing some duty that was intended in furtherance of a business purpose.

For instance, suppose that a person is hurt in an automobile crash caused by one of your employees who is speeding at the time of the accident. However, driving is not a normal part of their job. An argument could be made that could help you and your business avoid liability in that situation. Fighting vicarious liability cases takes experience and great skill. Protect your business today and seek legal assistance right away to discuss the specifics of your case.