Generally, a person is liable for his own wrongful acts and one does not incur any liability for the acts done by others. In certain cases, however, vicarious liability, that is the liability of one person for the act of another person, may arise. In order that the liability of A for the act done by B can arise, it is necessary that there should be certain kind of relationship between A and B, and the wrongful act should be, in certain way, connected with that relationship.
The common examples of such a liability are:
(1) Liability of the principal for the tort of his agent;
(2) Liability of partners of each other’s tort;
(3) Liability of the master for the tort of his servant.
So Vicarious Liability deals with cases where one person is liable for the acts of others.
Example:
My car driver is my servant. If he negligently knocks down X, I will be liable for that. But if he hire a taxi for going to railway station and a taxi driver negligently hits X, I will not be liable towards X because the driver is not my servant but only an independent contractor.
It is based on the principle of qui facit per se per alium facit per se, which means, “He who does an act through another is deemed in law to do it himself”.
For any wrongdoing caused by the employee in any medical institution, the hospital or the doctor is vicariously liable for the damages. The employees include all the nurses, technicians, physicians, lab assistants, administrative department and other staff members. Vicarious liability helps in improving the conditions of hospitals as the hospital is liable for all the staff. So, the hospital or any medical institution focuses on proper qualifications and credentials for the employees to perform their job but this doesn’t work for a healthcare provider who is an independent contractor of the hospital.
For example, A had surgery at XYZ hospital and Doctor Who performed the surgery. The surgery was successful but Doctor Who forgot his ring inside A’s stomach. Now, in this case, Doctor Who is liable for negligence but A can sue both XYZ hospital as well as Doctor Who as the hospital is liable for the actions of the doctors.
Situations in which the Master is Liable
When the wrongdoing arrived from a natural consequence of an act of servant.
When the wrongdoing arrived from the negligence of the servant
When the wrongdoing through the mistake in execution from the lawful authority.
When the wrongdoing happened through the servant’s fraudulent act.
When the servant wilfully committed the wrong to hurt the master.
Vicarious liability deals with only those cases when one person is liable for the actions of another person. And the liable person must be superior to the other person. The person who commits wrong must be in the course of employment. The course of employment is essential for vicarious liability.
Situations in which master is not liable
When the servant is under a statutory duty which he can not delegate, the master is not liable.
When there is a case where the servant is involved with the withdrawal of support from the neighboring land, the master is not liable.
When situations involve very hazardous acts, the master is not liable.
When situations involve escaping from the fire, the master is not liable.
When situations using the highways, the master is not liable.
Aishwarya Says:
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