In Texas, vicarious liability means a third party can be held responsible for someone else’s misconduct. This usually applies in cases where an employer is liable for the actions of an employee.
Vicarious liability cases can occur when an individual causes an accident or injury during the course of their employment.
In a typical personal injury claim, the injured victim files a claim against the at-fault party who acted negligently and caused their injuries.
In a claim involving vicarious liability, the injured victim can also recover from a third-party defendant after showing they also bear responsibility for their injuries.
If you have questions about filing a Texas vicarious liability claim, contact the personal injury lawyers at The Zimmerman Law Firm right away. You can also call (254) 848-0274.
We can answer any questions you might have about vicarious liability law and potential third-party defendants.
Understanding Vicarious Liability in Texas
What is Vicarious Liability?
Vicarious liability holds employers accountable for their employee’s actions when those actions occur within the scope of their employment or due to the employer’s negligence. In Texas, this means that a third party—often an employer—can be held responsible for someone else’s misconduct.
Key Aspects of Vicarious Liability in Texas
Scope of Employment: For vicarious liability to apply, the employee’s actions need to fall within their job duties. Essentially, the employee must be acting in their official role or doing something that benefits their employer. For example, if a delivery driver causes an accident while on their route, the employer might be held liable because the driver was doing their job.
Negligence and Responsibility: Vicarious liability also covers cases where an employer’s negligence has played a part in the employee’s harmful actions. If an employer fails to provide proper training and this leads to an accident, the employer can be held responsible under vicarious liability.
Legal Precedents and Statutes: Texas law supports vicarious liability through various legal precedents and statutes. This ensures that those who benefit from the employee’s work also take responsibility for the outcomes of their actions. This way, victims have a chance to seek compensation from employers who are often better equipped to cover damages.
Practical Application: Vicarious liability often comes into play in situations like car accidents or workplace injuries where an employee’s actions impact a third party. If you’re injured because of someone’s negligence while they’re on the job, you might be able to hold both the employee and their employer accountable.
Examples of Vicarious Liability
1. Unlicensed Taxi Driver
- Scenario: A taxi service hires a driver without a license.
- Outcome: If this unlicensed driver causes an accident, you may be able to sue both the driver and the taxi company for negligence in hiring.
2. Truck Driver Accident
- Scenario: A truck driver employed by a shipping company causes an accident while transporting goods.
- Outcome: The shipping company might be liable for your damages under vicarious liability law.
Texas Dram Shop Law
In Texas, the “dram shop” law holds alcohol vendors liable for injuries caused by a person they over-served at their establishment.
Do You Have Questions About Vicarious Liability in Texas?
Many lawsuits take place between one plaintiff and one defendant. However, the doctrine of vicarious liability gives plaintiffs the ability to recover damages from a third party as well.
Oftentimes, the employer vicariously liable for your injuries can afford to pay a significantly larger settlement than the individual employee could pay on their own.
That’s why you should consult with an experienced personal injury lawyer who can review your case and determine if vicarious liability applies.
The Waco personal injury lawyers at The Zimmerman Law Firm have nearly a century of combined experience helping injured people recover compensation for their losses.
Our team will put our wealth of knowledge and resources to work for you and help you fight for maximum compensation. Contact our office online today or call (254) 848-0274 to schedule your free initial consultation.
Where to find our Waco office:
Michael Zimmerman
Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.
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