vicarious liability

Vicarious liability is a legal concept where an employer is held responsible for the torts (wrongful acts) of their employee, even if the employer was not directly at fault. This doctrine is a form of strict liability, meaning the "innocent" employer is liable for the employee's wrongdoing.1

This principle often stems from the idea that employers have "deep pockets" and should bear responsibility for harm caused by those acting on their behalf. For vicarious liability to apply, there must be an employer-employee relationship, and the wrongful act must have occurred within the scope of employment. Determining this relationship can involve tests like the degree of control the employer has over the employee and how integrated the worker is into the business. The most challenging aspect is often defining whether the employee's action was within the "course of employment".12