Introduction
It is important to note that the concept of vicarious liability is a form of indirect or secondary liability. The format is mainly utilized when a party needs to be held financially accountable for the actions or negligence of another party. Such a legal framework is primarily applied for agency relationships, where an organization is held responsible for its agents, such as wrongful or negligent actions committed by an agent.
Vicarious Liability
The notion of vicarious liability is a part of the common law doctrine, which makes parties interdependent and invested in each other’s duties. It is stated that it is a “liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties” (Vicarious liability, n.d., para. 1). In other words, two separate entities are bound together in regard to responsibilities and accountabilities. It should be noted that “this is the legal framework at play when you are sued over mistakes made by your contractors, employees, or agents” (Insureon, 2021, para. 1). The main purpose is evident because it equalizes the power balance between employers and employees or others. Without vicarious liability, employers would abuse these parties and hold no responsibility. In the case of law enforcement, police chiefs and supervisors are held responsible for reckless actions of their subordinates, such as ungrounded police brutality (Yadav, 2020).
Conclusion
In conclusion, the legal framework of vicarious liability is an important concept, which is designed to create an incentive for being responsible and invested in the common good. It prevents power imbalance, abuse of power, and irresponsibility from employers or supervisors. Its applications can be expansive, ranging from employer and employee contracts to the police chief and officer liabilities.
References
Insureon. (2021). Vicarious liability. Insureon. Web.
Vicarious liability. (n.d.).
Yadav, D. (2020). Need to introduce the concept of ‘vicarious liability’ for the police. Centre for Law & Policy Research.