Florida’s Vicarious Liability Doctrine: Liability “Through” The Employee

The concept of vicarious liability is an old one, dating back to English law, but it remains contentious in today’s U.S. courts because of the different ways in which the theory is applied. In some states, vicarious liability (also known as respondeat superior, or “let the master answer”) stretches much farther than in others. Florida does not have one specific vicarious liability law, but it has a history of cases in which the concept is defined and clarified in state law. If you have been injured in an accident with a commercial vehicle, vicarious liability may help you prevail in court.

Many Cases Where Vicarious Liability Applies

It is important to keep in mind that vicarious liability is a doctrine, and not a cause of action – in other words, one cannot sue a negligent driver for vicarious liability. This is important because the theory is most often used in cases of negligence, and negligence has four criteria that must be established in order to hold a defendant liable: the existence of a duty of care, a breach of that duty, actual harm being suffered by the plaintiff, and a direct causal link between the harm and the defendant’s actions. Vicarious liability can help hold both the employee and the employer accountable for allegedly failing to exercise reasonable care.

This can be complicated, because in most accident cases, liability is apportioned between the two (or more) people involved in an accident, with no other defendants. In many cases involving a commercial motor vehicle (CMV), however, the driver’s employer may be vicariously liable – that is, liable through the actions of the driver – because without the employer hiring them, the driver would not have been on the road. Even if the driver was the one operating the vehicle negligently, the employer allowed them to be there to do so.

The ‘Scope Of Employment’

It is important to keep in mind that even if your accident occurred due to a CMV driver’s alleged negligence, there are some situations in which vicarious liability will not apply. The most common is a situation where the employee is not acting within the scope of their employment – in other words, they are not at least partially acting with the intent of furthering their employer’s interests. The rationale is that an employer is not liable for the actions of their employees when they are ‘off the clock.’

One thing to keep in mind in this type of case, however, is that causes of action like negligent hiring or negligent entrustment of a commercial vehicle may be more difficult to prevail upon than a case of ordinary negligence. This is because Florida’s legislature passed a law stating that if an employer has done their due diligence in hiring, the hiring is presumed not to be negligent. It is possible, but not easy, to overcome that presumption.

Contact A Tampa Commercial Motor Vehicle Accident Attorney

Being involved in an accident with a large commercial vehicle can lead to life-changing injuries. If you decide to hold one or more defendants liable for your injuries, you need the right legal help to ensure that the matter is handled appropriately. A Tampa commercial motor vehicle accident attorney from the Rinaldo Law Group can help set your mind at ease while you focus on physical recovery. Call our office today to schedule a free consultation.

Source:

scholar.google.com/scholar_case?case=5654694117175873648&q=Valeo+v.+East+Coast+Furniture+Co&hl=en&as_sdt=40006