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Vicarious Liability Explained
If you want to know more about how to make a vicarious liability claim against your place of work, education or another organisation, talk to the JF Law team today.
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What Is Vicarious Liability?
If you want to know more about how to make a vicarious liability claim against your place of work, education or another organisation, talk to the JF Law team today.
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Vicarious liability means one person or organisation is responsible for any harm caused by someone else, despite not being the direct cause. Often, this concept is applied in work or healthcare settings, where managers know that a colleague, client, or patient posed a danger to others but failed to take sufficient steps to manage the risk and protect others.
This guide forms part of our legal glossary series, where we explain various law terms in clear, easy to understand language. Further guidance on when a claim can be made against a vicariously liable institution, and a free eligibility check can be sought from our advisors today. Get in touch by:
- Calling us on 0151 375 9916.
- Or you can contact us online here.
What Is Vicarious Liability?
Vicarious liability is where a person or organisation is held responsible for the actions of someone else. This is due to the fact that workplaces, hospitals, care homes, schools and other organisations have a legal responsibility, known as a duty of care, to protect people in their charge, including from other members of that organisation.
So if the threatening, dangerous or concerning behaviours of an individual are ignored, and that person then goes on to harm someone else, the organisation may be held legally liable for failing to prevent that harm from occurring. You can make further inquiries about this type of claim by talking to our advisors today.
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Vicarious Liability Vs Liability
The core difference between vicarious liability and liability is the immediacy. Simply put, if you are directly responsible for the injuries that occurred, you are liable. If someone else was directly responsible but your position as a manager or supervisor means you could have done something to prevent those injuries and failed to do so, then you are vicariously liable.
What Are Some Examples Of Vicarious Liability?
Examples of vicarious liability often cover assaults and other violent offences, where a person in a position of authority should have controlled the risk presented by one of their subordinates. We’ve written out a few such examples here:
- A colleague made repeated threatening remarks towards you and others. Despite being reported multiple times, no disciplinary actions were taken. You were later assaulted at work by that colleague during an office altercation.
- You were working in a dementia care home where it was the policy for certain residents with behavioural problems to be attended by two carers at all times. Despite this policy, you were left alone with a resident who was known for having manic episodes. During one such episode, the resident hit you on the side of the head and ran from their room, leaving you on the floor with a major concussion.
- Despite issuing a number of complaints against a fellow university student for inappropriate and uncomfortable sexual comments, the university did nothing to protect you or take action against the student. You were later sexually assaulted by that student after a class, some weeks later.
You can learn more about starting a claim in your specific circumstances by talking to our advisors today.
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We pride ourselves on providing the best service possible for our clients.
Are There Exceptions To Vicarious Liability?
Yes there are exceptions to vicarious liability, and that exception is that an organisation or individual needs to have been aware that a person they were responsible for presented risk to others. In other words, if there have been no complaints by other staff members or CCTV cameras didn’t record any suspicious behaviours, for example, then there is no way for managers, supervisors or other authority figures to have been aware that a member in their organisation posed any risk.
So, in order to claim against your employer, university or other organisation, for the actions of another, you need to ensure that the organisation is aware of the risk to your person.
Claiming Against A Vicariously Liable Party With JF Law
Claiming against a vicariously liable party with JF Law is as straightforward as picking up the phone. Our friendly advisors can provide free advice to anyone who reaches out to us and provide a free eligibility check with no obligation to progress the matter further.
If you do meet the eligibility requirements and decide to proceed, you’ll be connected with a specialist solicitor who can support you throughout the claims process, providing a range of personalised services and giving your claim the best possible chance of success.
Why Choose Our Solicitors To Make A Claim?
When you choose our solicitors to make a claim, you are choosing to work with legal professionals who know the claims process inside and out. With over £100 million won for more than 12,000 clients, we pride ourselves on giving claimants everything they need throughout their time with us.
Here are just some of the ways our solicitors can help you and the services they can provide:
- Ensuring you get prompt medical care after any incident in your place of work, education or leisure.
- Communicating with the organisation on your behalf to find out what went wrong and why nothing was done about the offending individual.
- Assisting you with collecting supporting evidence.
- Keeping you informed of how the claim is moving forward.
- Negotiating a settlement on your behalf.
Can I Claim Against A Vicariously Liable Party On A No Win No Fee Basis?
Yes you can claim against a vicariously liable party on a No Win No Fee basis as JF Law’s solicitors offer personal injury services exclusively on this premise. Our solicitors work under what is called a Conditional Fee Agreement (CFA), a contract that protects the claimant from having to pay any service fees upfront, during the claim or if they lose.
A legally capped success fee is, however, taken if the claim is won, charged at a maximum of 25%. This cap, along with all the other benefits mean you are in a very strong position when choosing to claim with us.
Contact JF Law
Contact JF Law today by:
- Calling us on 0151 375 9916.
- Or you can contact us online here.
Learn More
You can read some more of our personal injury claims guides here:
- Learn more about claiming compensation for GBH here.
- Read further on claiming for a psychological injury with our solicitors.
- See our glossary page on causation and why it matters to the personal injury claims process.
We have also included these additional resources:
- Read the Health and Safety Executive guidance on how to protect workers from violence and aggression.
- Find out if you could claim Statutory Sick Pay (SSP) if you are off sick for more than 3 days due to your injuries.
- Learn more about first aid from the NHS.
Thank you for reading our guide to vicarious liability.
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