Vicarious Liability

Vicarious liability, or imputed negligence, makes one person responsible for the wrongful acts of another. For example, under the principle of vicarious liability, the owner of a motor vehicle may also be liable for harm caused when someone else is the driver, if one of the following conditions applies: 1.) The driver is the employee or agent of the owner, and is acting within the scope of his or her employment (also known as respondeat superior), or 2) The owner is negligent in lending or giving the car to someone who is not qualified to drive or in known by the owner to be an unsafe driver. The owner is also negligent if he or she lends or gives to another an automobile in a condition (e.g., with faulty brakes) what makes it unsafe to drive. In a number of states, owners are responsible whenever a member of their immediate family or household drives and a third party is injured because of the negligence of the driver. In several states, parents or guardians who sign a minor's application for a driver's license become liable for damage caused by the minor's negligent operation of the vehicle. Many different variations and combinations of state statutes impose liability when an owner permits another to use the vehicle.