Also known as: vicarious liability · respondeat superior
Written by attorneys · grounded in primary & secondary sources — see below
Subject to liability imposed on one party for the wrongful acts of another by reason of a special relationship between them. The relationship must make imposition of responsibility reasonable, such as when one party controls or has the right to control the physical conduct of the other in the performance of service.
Vaughn Valentine permitted his sixteen-year-old son to drive the family car after the son had been cited for reckless driving. The son struck a pedestrian while speeding. The pedestrian sued Vaughn for the son's negligence. Because the parent-child relationship alone does not create vicarious liability, the claim failed absent proof that Vaughn's own negligent entrustment proximately caused the harm.
Violet Vang, a city social-services supervisor, directed subordinates to implement an unconstitutional policy of terminating benefits without hearings. An affected resident sued the city under section 1983. The city could not be held vicariously liable for the subordinates' acts. Liability required proof that the policy itself was an official decision of the municipality.
Select any source to read its text and confirm it supports the definition.
Vega Motors owned a tanker whose captain ordered unsafe navigation that caused an oil spill. Coastal residents sued Vega for punitive damages arising from the crew's recklessness. Vicarious liability attached to Vega because the captain acted within the scope of employment and the relationship supplied the required basis for holding the owner responsible.
Vanessa Vinson, a magazine editor, assigned a reporter to interview a public figure and approved the final article containing fabricated quotations. The subject sued the magazine for defamation. The magazine faced vicarious liability because the reporter's acts occurred within the employment relationship that made imposition of responsibility reasonable.
Vance Vogel, an insurance agent, misrepresented policy terms to induce a purchase. The insured sued the insurer for fraud. The insurer was vicariously liable because the agent's conduct occurred within the scope of the agency relationship that justified holding the principal responsible for the resulting harm.
Victor Vale, a delivery company owner, directed an employee to complete routes on a tight schedule that encouraged speeding. The employee struck a pedestrian while rushing a delivery. The pedestrian sued Vale for the employee's negligence. Vicarious liability attached because the employment relationship supplied a reasonable basis for holding the employer responsible for acts within the scope of service.
The relationship must make imposition of liability reasonable, typically when one party controls or has the right to control the physical conduct of the other in performing service. Mere status such as parent and child is insufficient without additional facts showing the right to control.
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No. Courts examine the actual degree of control over physical conduct rather than contractual labels. When the hiring party dictates precise methods, timing, and real-time corrections, the worker qualifies as a servant and vicarious liability may attach despite the label.
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No. Municipal liability requires proof that an official policy, custom, or decision caused the violation. Vicarious liability for the acts of employees alone is insufficient under Monell.
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Each conspirator is liable for substantive offenses committed by another in furtherance of the conspiracy and that were reasonably foreseeable as a natural consequence of the agreement. Withdrawal after the conspiracy is complete does not erase liability for the conspiracy itself.
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…that the people are masters and all officials of the state are servants of the people. That being so, the ancient rule of respondeat superior furnishes us with a simple, direct and reasonable basis for refusing to admit evidence secured in violation of constitutional or statutory provisions. Since the policeman is society's…