Vicarious Liability is one of the doctrines that affect liability. Employers are liable, under the respondeat superior doctrine, for the actions of their employees. In plain terms, the superior is responsible for his subordinate’s actions.
For an act to be connected to the employer, it must be authorised by the employer. If an employee does something that was not within the scope of his employment, vicarious liability does not hold. For example, if an employee assaults somebody, it is not the employer’s responsibility (unless it is part of the job). But if a lawyer commits a negligent act, his law firm will be held accountable. Similarly, if a doctor commits medical malpractice, his hospital is responsible.
Standard of Care also affects liability. For every profession, there are certain minimum standards that must be adhered to. Standard of care refers to the standard provided by a reasonably prudent professional in that line. Breach of standard of care is a basis for a malpractice suit.
Contributory Negligence is another method of defence adopted in cases of negligence. The defence tries to reduce the defendant’s liability by stating that the claimant contributed to the negligent act. In some legal systems, the defendant has to prove the negligence of the claimant; in others the burden is on the or claimant to disprove their own negligence.
In some parts of the United States, the doctrine of Contributory Negligence has been abolished. This is because defendants would shift the entire blame on the claimant, preventing them from recovering any damages. Nowadays, damages are reduced by an amount that is commensurate with the claimant’s contribution in negligence. |