Vicarious Liability

Jeffrey R. Schmieler, Esquire

        Under the law, an employer or a principal is responsible for damages or injuries caused by the wrongful or negligent acts of employees or agents if those acts causing the damages or injuries were within the scope of the employment.  An agent who is not an employee is regarded as an independent contractor. One who engages as independent contractor is not responsible for damages or physical injuries caused by the acts of that contractor, unless the acts were authorized, directed or intended by the one engaging the services of the contractor.

            The primary consideration is the right to control the actions of the person committing the wrong The exceptions and instances wherein liability may still be imposed are (1) apparent agency; (2) ratification; or non-delegable duty.