If your accident resulting in damages is caused by an employee’s negligence, you file an injury claim against the staff member. This may be how you believe an injury claim works: you name the employee as the defendant in your claim. However, Florida law may allow you to file an injury claim against the employer.
Known as vicarious liability, this rule can make it so much easier for you to recover compensation for your injuries. However, understanding vicarious liability isn’t always easy since you’re including a third party in your injury claim. Before you move forward with your claim, here’s what you should know about vicarious liability and how it can affect your case.
What is Vicarious Liability, and How do I Establish It?
In simple terms, vicarious liability allows a plaintiff to hold a business or entity responsible for the actions of their employees while staff members are on the clock.
For your injury claim to move forward successfully, you must show the individual responsible for your injury is an employee of the business or entity. You must also prove the employee’s actions are negligent and directly responsible for your damages.
So far, it doesn’t seem that complicated. Staff records typically provide proof of employment and time sheets show the employee was on the clock when your accident occurred. Now, you need to prove the employee’s actions are negligent. Without negligence, you don’t have grounds for a personal injury claim.
What is negligence? There are four key elements of negligence and you must provide proof for each one. In other words, you can’t show one or two elements. You must prove all four:
- Duty of care: This is a duty the employee owes to help ensure a safe environment for everyone. Depending on the scenario, it can mean keeping aisles free of hazards or cleaning up wet floors.
- Breach of duty: The employee knowingly ignored their duty of care. An example is if an employee is aware of a spill and chooses to not take appropriate action. In this example, appropriate action is cleaning up the spill and placing a caution sign warning others of the potential danger.
- Causation: This element of negligence refers to showing the employee’s breach of duty is directly responsible for your accident. Using the spill on the floor as a continuing example. If the employee had cleaned up the spill you wouldn’t have slipped and injured yourself.
- Damages: The fourth element of negligence refers to the damages you’re claiming. You must prove your damages are directly caused by the accident.
Once you prove the employee’s actions are negligent, you’re on your way to proving your injury claim against the employer.
Proving the Employee Is Acting Within the Scope of Their Job
After establishing negligence, you need to show the employee was acting within the scope of their job, and you can accomplish part of this with employee records like time cards. You’re establishing the individual was working for the employer when your accident occurred. However, you must also know who the employee is within their job description.
An example is if your accident involves an employee heading out to lunch. The employee causes a traffic accident resulting in your injuries. In this instance, it doesn’t matter if the employee is still on the clock. Since their lunch break isn’t covered under their job description, the court will probably rule you can’t hold the employer responsible for the defendant’s actions.
However, if the employee is performing job duties in a company vehicle and takes a quick lunch break before heading back, their employer may be vicariously liable for their behavior if an accident occurs.
The law can be a little murky when it comes to holding employers liable for their employees’ actions off business premises. This is a reason why it’s also best to work with an attorney if you’re filing a claim against a third party in an injury claim.
Understanding the Dangerous Instrumentality Doctrine
Along with the vicarious liability doctrine, Florida also follows the dangerous instrumentality doctrine. This is another legal theory, that holds an employer vicariously responsible for their employees’ negligent actions.
This doctrine applies when the accident resulting in your damages involves the employee’s operation of vehicles or equipment. This typically includes company-owned cars, trucks, boats, aircraft, and even off-road vehicles.
Under the dangerous instrumentality doctrine, you must show the employee operating the equipment acted negligently and their behavior is the cause of the accident. You must also prove the entity or business holds the title to the vehicle at the time of your accident. Thankfully, proving ownership is relatively easy. Usually, all you need is the vehicle’s title and registration.
Some Employees May Be Exempt From Vicarious Liability
Not all employees fall under vicarious liability guidelines, and this also applies to the dangerous instrumentality doctrine. Simply because an employee is wearing a company uniform doesn’t automatically mean they fall under the doctrines’ guidelines.
Freelancers and contractors are generally exempt from the doctrines, but this doesn’t mean you can’t file a claim for damages, only that you can’t name the business or entity as a defendant. Why are contractors and freelancers generally exempt?
The simple answer is these individuals aren’t full or part-time employees. Contractors and freelancers are often self-employed or work for another business. Think of these individuals as employees who are temporarily loaned to the business to complete or perform a specific task. Once the task is completed, they move on to the next project at another company.
So, who’s responsible for your damages if the accident is caused by a contractor or freelancer? In this type of injury claim, you name the individual responsible for causing the accident as the defendant.
Don’t Go Through an Injury Claim On Your Own
Whether you’re filing a claim against a business or contractor, don’t attempt to go through the legal process on your own. Even if you’re not dealing with the intricacies of vicarious liability, the legal process can still be complex.
Consulting with an experienced accident attorney will help ensure your claim progresses smoothly and you receive the compensation you deserve for your damages. Having a skilled attorney by your side will provide some much-needed peace of mind, knowing that a professional is handling your case with expertise and dedication.
