Typically, a person is only liable for his or her own actions. It usually isn’t fair to hold one person responsible for the actions of someone else. But there is a big exception to this general rule: vicarious liability.
Vicarious liability is the theory that a superior can be held responsible for the actions of a subordinate that is acting in their control. In Georgia, people can be held vicariously liable for the actions of certain family members under the “family purpose doctrine.” Under the doctrine of respondent superior, employers can be held vicariously liable for the wrongful actions of their employees.
There are two big reasons that Georgia recognizes respondent superior. One is that employers benefit from the work-related actions of their employees. Because employers are enjoying the benefit of work-related actions, Georgia law suggests that they should bear the burden of risk for any harm that occurs as a result of those actions. Another reason is that Georgia law seeks to fully compensate victims for their harm. Employers typically have much bigger pockets than their employees. So it also makes sense for them to bear the financial cost of helping accident victims.
O.C.G.A. § 51-2-2
The basis of vicarious liability in Georgia is found in the Georgia Code Section 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 and Auto Accidents
Vicarious liability, particularly under the doctrine of respondeat superior, occurs in a variety of circumstances. However, vicarious liability is invoked most commonly following auto accidents. The Court of Appeals of Georgia has defined the family purpose doctrine in this context by holding that “when an owner of a vehicle maintains the vehicle for the use and convenience of his family, that owner may be held liable for the negligence of a family member who was using the vehicle for a family purpose.”
Employers, meanwhile, are generally liable for harm caused by employees that are driving a vehicle for work purposes. There are two elements of respondeat superior:
1. The employee must be acting in furtherance of the employer’s business; and
2. The employee must be acting within the scope of his job.
Therefore, employers are generally liable for accidents caused by employees that are driving in the “course and scope” of their job. However, Georgia courts have generally concluded that employers are not vicariously liable for accidents caused by employees driving to and from work.
Cases involving vicarious liability can be exceedingly complex. Whether an employee was acting in the course and scope of their job is often highly contested. In some cases, whether a person should even be considered an employee in the first place is an issue. An experienced personal injury attorney can help accident victims navigate these types of claims successfully and get them justice.
CONTACT THE KENNESAW PERSONAL INJURY ATTORNEYS AT Williams Elleby Howard & Easter FOR MORE INFORMATION
The personal injury attorneys at Williams Elleby Howard & Easter have experience handling vicarious liability claims in Atlanta and throughout the state of Georgia. If you have been injured in an accident and think vicarious liability might apply, Williams Elleby Howard & Easter can help you understand your legal rights and options, and vigorously work to get you the compensation you deserve. Call 833-LEGALGA to schedule a free consultation today.
