Vicarious Liability
Vicarious liability is a legal rule that makes one person or business responsible for someone else’s actions. This principle often comes up when an employer is held liable for an employee’s negligence, but it can apply in other circumstances as well.
The idea is relatively simple on its surface: if a worker causes harm while doing their job, the employer may also be at fault. For example, if a delivery driver crashes into another car while making deliveries, the company that employs that driver could share responsibility for the accident.
This rule helps accident victims obtain the compensation they need and deserve when the person who caused the accident lacks sufficient assets to cover the damage they’ve caused.
How Does Vicarious Liability Work in Colorado?
To hold another party vicariously liable, you must show that a legal relationship existed between the at-fault person and the responsible party. Most, but not all, of these cases involve an employer-employee relationship.
For vicarious liability to apply, you generally have to prove:
- The person who caused the injury was an employee, not an independent contractor.
- The employee was acting within the scope of their job duties at the time of the accident.
- The actions that caused the injury benefited, or were meant to benefit, the employer.
If the employee was doing something outside of work (like running a personal errand), the employer may not be held liable.
Colorado courts look closely at the details of each case. If the act was reasonably related to the employee’s job duties, the employer can often still be responsible.
Common Examples of Vicarious Liability
Vicarious liability can apply in many types of personal injury cases, such as:
- Truck accidents: A trucking company may be liable for a crash caused by its driver.
- Medical malpractice: Hospitals are liable for negligence by employed doctors, nurses, or technicians acting within the scope of their employment.
- Rideshare accidents: Rideshare companies, such as Uber and Lyft, may share liability when their drivers cause accidents.
- Parent–child: Parents may be liable for their own negligence (e.g., negligent supervision or entrustment) or under limited parental-responsibility statutes for a minor’s willful acts.
These cases often involve multiple insurance policies and complex evidence. Having a personal injury lawyer who understands Colorado’s vicarious liability laws is likely necessary to receive all of the compensation you may be entitled to.
How Do I Prove Vicarious Liability?
Proving vicarious liability requires showing both negligence and a qualifying relationship. Useful evidence might include:
- Employment and contract records
- Delivery logs, schedules, and work orders
- Witness statements and accident reports
- Company policies and supervision records
- Emails and other internal communications about job duties
Your lawyer can gather this evidence and use it to link the negligent act to the employer’s business.
Colorado’s Comparative Negligence Rule
Colorado follows a modified comparative negligence law that applies to vicarious liability cases. This means you can still receive compensation even if you were partly at fault, as long as you were less than 50% responsible for the accident.
If you are found partly at fault, your damages will be reduced by that percentage. For example, if you were awarded $400,000 but were 25% at fault, you can still recover $300,000.
However, if you are found to be 50% or more responsible, you cannot recover any money under Colorado law. This makes it crucial to have an experienced attorney who can defend you against unfair blame and protect your right to compensation.
How Long Do I Have to File a Personal Injury Lawsuit Involving Vicarious Liability in Colorado?
If you were injured in an accident involving vicarious liability, you have a limited time to take legal action. Under Colorado’s statute of limitations, most personal injury lawsuits must be filed within two years from the date of the accident.
However, if your case involves a motor vehicle accident, the deadline extends to three years from the date of the crash. Missing this deadline almost always results in forfeiting your right to pursue compensation.
Note that there are rare exceptions as well that can change this time limit for some cases. It’s best to reach out for legal advice as soon as possible to make sure you don’t file your claim too late.
Contact a Denver Personal Injury Lawyer at Zaner Law Personal Injury Lawyers for a Free Consultation
Vicarious liability can make a major difference in your personal injury case by expanding who may be held responsible. If you were hurt by someone acting on behalf of a company, business, or other organization, you may have additional legal options for your financial recovery.
A knowledgeable Denver personal injury lawyer can explain your rights and guide you through the legal process from start to finish. Contact Zaner Law Personal Injury Lawyers for a free consultation at (720) 613-9706 to learn how vicarious liability could help you pursue fair compensation for your injuries.
