Vicarious Liability in Nevada Personal Injury Cases

What Is Vicarious Liability?

Vicarious liability is a legal doctrine utilized in tort law that holds a principal or supervising party (such as an employer) legally responsible for the misconduct of one of their agents (employees). That’s the case even if the principal did not directly cause harm to another party.

How Does Vicarious Liability Work in Nevada?

When it comes to vicarious liability, personal injury claims in Nevada have two main requirements.

You must prove:

• Employment relationship: You must show that the person whose misconduct resulted in your injuries was an employee of the principal, not an independent contractor.
• Scope of employment: The misconduct that led to your losses must have occurred while the employee was actively on the clock and operating within the scope of their work duties.

Vicarious liability is one of the principles of respondeat superior. The principal has the right to direct the actions of their agents and, as such, can be held responsible for the harm these agents cause.

Common Examples of Vicarious Liability

There are some common examples of vicarious liability that can provide insight into how this principle works.

Employee-Caused Car Accidents

If an employee is making a delivery or performing any type of task for their employer and they cause an accident, it’s possible for those who were hurt to file a claim against the individual driver and their employer.

Commercial Truck Accidents

Commercial trucks can cause serious collisions. Typically, the other drivers involved will sustain severe injuries, so if the trucker is an employee, it’s possible to begin a claim against their employer, too.

Delivery Driver Accidents

Delivery drivers who cause accidents while on the clock can face claims, along with their employers.

Hotel and Casino Employee Negligence

If you suffer harm because of a casino or hotel employee’s negligence, the facility that employs them could be liable, too.

Rideshare Accidents

Rideshare accidents are particularly complex when trying to establish liability. This is because the employee drives their own car, making it difficult to know when they are on or off duty.

To establish this, it’s necessary to see whether they were traveling to pick up a ride or on the way to deliver the person to their destination.

Vicarious Liability vs. Direct Liability

While vicarious liability addresses whether an employer is responsible for the actions of their employees, direct liability focuses on the defendant’s personal conduct. When providing direct liability, you must demonstrate that the defendant’s conduct resulted in the harm you suffered.

Both vicarious and direct liability may apply in one case. For example, if a delivery driver ran a red light and caused an accident, driver liability is clear. Vicarious liability also comes into play, however, if the accident occurred while the driver was on duty. The employer would be responsible for what their agent did.

How Do You Prove Vicarious Liability?

Proving liability requires establishing that an employment relationship existed between the defendant and the principal you’re filing against.

Then, it’s necessary to demonstrate that the negligence or wrongful conduct that caused your injuries occurred while the person was acting within the scope of their employment. If they were off duty, vicarious liability would likely not apply.

When it comes to defending injury claims, you can expect the principal to state that they did not have an employment relationship with the defendant.

Common evidence to disprove that includes employment contracts that clearly show the relationship between the two parties, as well as work schedules. Financial records, like payrolls or tax documents, can also be used to prove an employee-employer relationship.

To establish that the harm occurred while they were on duty, time and location records are invaluable. Testimonies from witnesses are also helpful. They can prove that the defendant was on duty when the misconduct occurred.

Internal communications, like text messages or memos, can also prove that the employee was entrusted to perform the task they were doing when the accident happened.

What Compensation Can Be Recovered?

In a personal injury claim that relies on the principle of vicarious liability, it’s possible to recover economic and non-economic damages. Economic damages address losses for which you have receipts, like medical expenses. If the injury is severe enough to require ongoing medical care, you can also receive compensation for these future costs.

You also may not be able to work as you recover. Economic damages cover lost wages, too, along with your lost earning potential.

Non-economic damages address losses that are not easy to quantify. You can receive compensation for the emotional and physical distress you suffered, as well as for your loss of enjoyment of life.

How a Nevada Personal Injury Lawyer Can Help

A Nevada personal injury lawyer can begin by investigating the accident that led to your injuries. They will gather evidence to demonstrate that the other party was liable and that their employer may be vicariously responsible.

Attorneys will know how to begin a claim on time. The statute of limitations in Nevada for these claims is usually two years from the date of the injury. If you miss the deadline, you won’t be able to begin a claim.

Additionally, attorneys will know how to negotiate with insurance companies. You can expect adjusters to do everything they can to minimize your claim, but an attorney can protect your rights. If a settlement isn’t possible, your attorney can pursue a lawsuit.

At Adam S. Kutner, Injury Attorneys, we can assist you through even the most complex of cases. We have decades of experience with cases involving vicarious liability and have obtained substantial settlements from some of the largest employers in Nevada.

Contact our team to speak with an attorney about your claim.

Frequently Asked Questions