Four Situations In Which An Employer May Not Be Liable For Their Employee's Actions

Vicarious liability is a legal principle that makes employers responsible for their employees' actions, but this isn't always the case. Here are some of the situations in which vicarious liability may not apply:

Employee Didn't Follow Employer's Safety Measures

Employers are supposed to have safety measures and regulations for different employees in different scenarios, and most employers do. If an employer has useful safety regulations in place, and an employee disregards them, then the employer may escape liability for the ensuing injury. Consider an example in which a trucking company requires their drivers to take breaks every four hours on the road, and a driver finds an ingenious way to avoid such breaks without their employer's knowledge. If the truck driver causes an accident due to fatigue, it may be difficult to hold the employer vicariously liable for the injury because the driver failed to follow to follow the safety regulation. 

Employee Was Acting Outside the Scope of Their Normal Duties

An employer can only be liable for their employee's actions if the employee was acting within the scope of their normal duties. For example, if a truck driver causes a truck accident on the highway, it may be possible to hold the trucking company liable for the damages. However, if a truck driver causes an accident while trying to operate a crane, which isn't among their normal duties and they haven't been instructed to do, then it will be possible to use vicarious liability against the trucking company.

Employer Didn't Know or Approve the Employee's Actions

In most cases, employers are only responsible for their employees' actions if the employer knows or approves of the actions. For example, an employer who regularly allows their secretary to bring their dog to work may be responsible if the dog ends up biting a person at the workplace. However, if the employer has forbidden such actions, and the secretary has found a "clever" way to bring the dog to the workplace, the employee will be solely responsible for their actions.

Employer Took Reasonable Preventive Measures

Employers are supposed to anticipate dangerous actions of their employees and take preemptive measures to prevent such dangerous actions and their possible consequences. For example, an employer who employs a number of drivers for their fleet of vehicles should know that some employees may be tempted to drink and drive. Therefore, the employer should take measures to curb driving under the influence (DUI) of alcohol. This may include reviewing the driving histories of drivers before hiring them, testing drivers for intoxication, and punishing drivers found contravening the regulation. It will be difficult to hold an employer who does all that liable for DUI accidents that their driver may cause.

For more information about vicarious liability, reach out to an experienced injury lawyer.