Outcomes

Vicarious liability

When one person is legally responsible for a wrong committed by another — most commonly an employer for the acts of an employee.

Definition

Vicarious liability is the legal principle that makes one party responsible for a civil wrong (tort) committed by another, where a sufficient relationship exists between them. The most common example is an employer's liability for a tort committed by an employee acting in the course of their employment. The principle was extensively reviewed by the Supreme Court in Barclays Bank plc v Various Claimants [2020] UKSC 13, which confirmed that independent contractors do not generally give rise to vicarious liability.

In practice

If you were harmed by an employee acting in the course of their job, you can sue both the employee and the employer. Suing the employer is often more practical as they are more likely to have funds or insurance to meet a judgment.

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