06/07/2026
Vicarious liability is a legal principle that holds one person or organization responsible for the wrongful acts of another person, even though the first person did not personally commit the wrongful act. Most commonly, an employer may be held liable for torts committed by an employee during the course of employment.
To establish vicarious liability, a claimant generally must prove two elements: (1) there is a relationship capable of giving rise to vicarious liability, such as employer and employee, and (2) the tort was committed in the course of employment. Courts consider whether the employee’s wrongful conduct was sufficiently connected to their employment duties. If the connection is close enough, the employer may be liable for the harm caused. Common examples include negligence by an employee while performing work duties or intentional torts committed in circumstances closely related to employment. The doctrine aims to ensure compensation for victims and encourages employers to supervise and manage their employees responsibly.