Vicarious Liability in Oregon
Posted on September 15, 2021 in Premises Liability
Anytime a person sustains an injury caused by the careless or negligent actions of another individual, they should be able to recover compensation for their losses. However, it is crucial to fully examine all possible liable parties in the event an injury occurs. In some cases, it may be possible to hold other entities accountable for the actions of an individual. Here, we want to discuss the theory of vicarious liability for personal injury claims in Oregon.
What is Respondeat Superior, and How Does it Apply to Personal Injury Claims?
It would be remiss to discuss vicarious liability without looking at Respondeat Superior. The legal doctrine of Respondeat Superior is based on a Latin term that simply means “let the master answer.”
How does this apply to personal injury law in Oregon?
In modern law, this means that another party could have vicarious liability for the actions of an individual who actually caused an injury. For example, parents are often held responsible for the actions of their children. Where we really see vicarious liability apply is a situation where an employer holds responsibility for the actions of their employees. It is crucial to name anybody who holds liability for an injury accountable through a personal injury claim or lawsuit, and the theory of vicarious liability allows injury victims to expand their claims to others involved to obtain maximum compensation for their losses.
Holding an Employer Accountable for Employee Actions
Without the theory of vicarious liability or the legal doctrine of Respondeat Superior, companies would have very little reason to enforce standards of care on their workers. For example, an employer would not need to encourage workers to operate company vehicles safely if they knew they would not be held responsible for any accident that causes injuries to others.
Alas, employers can and generally be held responsible for the actions or omissions of their employees. When we look at personal injury cases in Oregon, we can see that vicarious liability can arise in many ways, including:
- Holding trucking companies available for mistakes made by truck drivers
- Holding healthcare agencies responsible for mistakes made by healthcare workers
- Holding municipalities or the state accountable for accidents caused by government employees
These are only three examples of how vicarious liability could apply to an Oregon personal injury claim. If you think that you have been injured as a result of an individual operating under the auspices of another company or entity, you need to speak to a skilled personal injury lawyer immediately.
How Will an Attorney Help With Vicarious Liability?
If you or somebody you care about has been injured as a result of the careless or negligent actions of another individual, you will likely be able to recover compensation for your losses. However, it may not be immediately apparent whether or not there are other parties that could also hold liability. It is crucial to pursue injury claims or personal injury lawsuits against all possible liable parties. A personal injury lawyer in Portland can get involved in your case and conduct a complete investigation. After examining all evidence and obtaining records related to the incident, an attorney will be able to pursue compensation from any individual, company, or entity responsible for causing the injuries.