Generally a person cannot be held liable for the wrongful conduct of someone else. We all have a duty to act with reasonable care towards others, but typically have no duty to make sure others also act with reasonable care. Nonetheless, as a matter of fairness, in some cases injury victims are allowed to sue third parties that did not directly cause the harm. Liability of third parties is called vicarious liability. The most common form of vicarious liability is respondeat superior, which occurs when an employer is liable for the acts of an employee.
However, in Georgia, family members can also be vicariously liable under the Family Purpose Doctrine. Under Georgia law, family members can be held vicariously liable for the actions of other family members that are being carried out to serve a “family purpose.” This is known as the Georgia family purpose doctrine and often results in additional insurance being available to cover your injuries. If you have been injured in a car accident, an experienced Georgia personal injury attorney can help you understand whether the family purpose doctrine may apply in your case and whether you may be entitled to compensation.
VICARIOUS LIABILITY UNDER GEORGIA’S FAMILY PURPOSE DOCTRINE
The family purpose doctrine is established by Georgia case law, as well as Georgia’s vicarious liability statute, O.C.G.A. § 51-2-2, which states that “every person shall be liable for torts committed by his wife, his child, or his servant by his command or in the prosecution and within the scope of his business, whether the same are committed by negligence or voluntarily.”
Vicarious liability under the family purpose doctrine is most often found when a family member is involved in an auto accident while driving the family car on behalf of the family. The Court of Appeals of Georgia has defined family purpose liability in this context by holding that if the defendant actually owns and keeps the vehicle as a family car, he or she may be held liable for any damages caused by another family member operating or using the vehicle for “a family purpose.”
A distinct but related claim that can be made in these types of cases is negligent entrustment. In the words of the Georgia Supreme Court, “Liability for negligent entrustment is predicated upon a negligent act of the owner in lending his automobile to another to drive, with actual knowledge that the driver is incompetent or habitually reckless.” In some cases, a negligent entrustment claim can be brought alongside a vicarious liability claim.
CONTACT THE ACCIDENT INJURY ATTORNEYS AT Williams Elleby Howard & Easter, FOR MORE INFORMATION
If you have been involved in a car accident, it is crucial that you be aware of your rights and legal options. All possible defendants should be considered. The experienced personal injury attorneys at Williams Elleby Howard & Easter, can investigate you case to determine if vicarious liability applies. Williams Elleby Howard & Easter, has recovered millions of dollars on behalf of its Georgia clients.
Williams Elleby Howard & Easter, serves clients throughout the state of Georgia. If you would like to discuss your case, contact Williams Elleby Howard & Easter, at 833-LEGALGA today.
