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 ]

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