Vicarious Liability (West's Encyclopedia of American Law)
The TORT doctrine that imposes responsibility upon one person for the failure of another, with whom the person has a special relationship (such as PARENT AND CHILD, employer and employee, or owner of vehicle and driver), to exercise such care as a reasonably prudent person would use under similar circumstances.
Vicarious liability is a legal doctrine that assigns liability for an injury to a person who did not cause the injury but who has a particular legal relationship to the person who did act negligently. It is also referred to as imputed NEGLIGENCE. Legal relationships that can lead to imputed negligence include the relationship between parent and child, HUSBAND AND WIFE, owner of a vehicle and driver, and employer and employee. Ordinarily the independent negligence of one person is not imputable to another person.
Other theories of liability that are premised on imputed negligence include the RESPONDEAT SUPERIOR doctrine and the family car doctrine.
The doctrine of respondeat superior (Latin for "let the master answer") is based on the employer-employee relationship. The doctrine makes the employer responsible for a lack of care on the part of an employee in relation to those to whom the employer owes a duty of care. For respondeat superior to apply, the employee's negligence must occur within the scope of her employment....
(The entire section is 516 words.)
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