This website uses cookies to ensure you get the best experience on our website. Learn more

Got it!

vicarious liability

Vicarious liability , also known as imputed liability, is when a principal party is responsible for the actionable conduct of their agent based on the relationship between the two parties. Vicarious liability falls under the respondeat superior doctrine and is thus a type of strict liability because the principal is in control of the agent and the agent’s actions represent the principal.

For example, in Burlington Industries, Inc. v. Ellerth , the Supreme Court held an employer vicariously liable for the hostile work environment created by the employer’s supervisor. 

Under common law , a member of a conspiracy case can be held vicariously liable for the crimes of their co-conspirators if the crimes committed by the co-conspirators were foreseeable and if they were committed with the intent of furthering the objective of the conspiracy. See also: Pinkerton liability

Pinkerton v. United States, 328 U.S. 640 (1946)

[Last reviewed in July of 2024 by the Wex Definitions Team
] 

Wex

• accidents and injuries

• LIFE EVENTS

• accidents & injuries (tort law)

• standards of tort liability

• tort damages

• THE LEGAL PROCESS

• wex definitions

• civil procedure

• courts and procedure