Often there is a question by those injured in an accident, through the negligence or thoughtless act or by an extreme omission of another, about who is liable for what happened. In all cases, the negligent actor him or herself will be held liable, but in many cases, there are third parties who face liability, as well. This is an important factor to understand in an accident for a number of reasons, and an Atlanta personal injury lawyer can help you do so.
One of the big reasons why this is important is because of the liability that companies face when one of their workers acts in a way that injures another. This is generally known as vicarious liability, and can involve several different people, organizations, or entities, regardless of whether they were directly part of causing the harm in question.
Respondeat Superior and Employers
When the employee of a company acts negligently while performing his or her job, and causes an injury to a person, the company will more than likely be responsible for the damage caused. This falls under the doctrine of vicarious liability, and more specifically under the legal doctrine known as respondeat superior. This legal doctrine can be invoked in a number of different scenarios.
In most of the cases when an employer can become liable for an employee’s conduct, it is accidental. It can happen in a many different ways, including:
- Because of an accident with a hired driver;
- Slipping and falling on an area where an employee should have kept it clean and free from debris;
- Falling victim to a thoughtless act by an employee that causes harm;
- Many more.
It can be difficult to determine whether respondeat superior applies, and that is why talking with a qualified Atlanta personal injury lawyer is always a good idea.
Negligent Hiring and Retention
Another way in which a company can become liable for the acts of its employees is known as negligent hiring and retention. This legal doctrine is important when an employee does not cause an accident, but instead purposefully acts to hurt another person while at work. In those cases a company can be held liable for the wrongful act, under certain circumstances, but without consulting a qualified personal injury attorney in Atlanta, it can be hard to determine whether the company should be held liable.
A company will be held liable for negligent hiring and retention for the wrongful acts of their employee when a company knows or reasonably should have known of the danger posed by its employees because of their history, record, or other factors.
Your Personal Injury Attorney Serving Atlanta
At The Angell Law Firm we handle every kind of personal injury case that you may be involved with. Whether you need to go against a big company or an individual, we are the legal team that your case deserves. Contact us today for a free evaluation. We look forward to hearing from you today.
(image courtesy of Mark Cruz)