vicarious liability

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Contingent Liability

A liability that a company may have to pay, but only if a certain future event occurs. Usually, a contingent liability refers to the outcome of a lawsuit: that is, the company may have to pay a significant amount of money if it loses the lawsuit. Contingent liabilities are recorded under accounts payable; their existence may also affect the share price.

vicarious liability

see TORT.

vicarious liability

The legal principle that persons who are in a position to control the actions of another will be held liable for any injuries caused by that other person.Liability does not rely on proving there was improper training, instructions, control, or supervision. Rather, it is imposed merely because of the relationship between the parties.Respondeat superior is one type of vicarious liability. In real estate, the concept is most often encountered in claims against an employer (construction contractor, property manager, and sometimes even real estate brokers) for the discriminatory actions of an employee.

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In a two hour live Webcast, a panel of key thought leaders and practitioners assembled by The Knowledge Group will discuss the risks of Joint Employer Liability and help attendees understand how to mitigate risks in contracts and business practice.
Because the elements of the legal tests are well-known, a company seeking to avoid joint employer liability should insist on a contract that explicitly assigns the relevant aspects of control to the intended employer and disclaims responsibility to the intended non-employer.
It is important to note that the law does not prohibit one-time comments, or simple teasing, but rather it is aimed at conduct which is severe enough to create a hostile work environment (Enforcement Guidance on Vicarious Employer Liability, 2003).
Paying benefits promptly after an accident may hold off an employer liability suit.
Although Texas' patients' bill of rights does include limited HMO liability, it does not include employer liability, which may be the best that business interests can hope for.
"The OSHA regulations impose weak standards for determining whether an injury is work-related, which is used to establish employer liability for payments," Wood said.
City of Boca Raton(6) signaled change by clarifying their intentions as expressed in the Meritor opinion.(7) All of these decisions address the specific concern of employer liability for sexual harassment; none directly confront employer liability regarding another Title VII violation, namely, retaliation.(8)
He expressed several concerns, however, about the program, particularly issues relating to the cost of hardware and software, as well as staff; confidentiality; potential employer liability for mis-delivered returns or missing information; and scattered operations (making it difficult to provide the service to the workforce).
Employer liability is determined through a simple analysis of charge invoices and employee interviews.
Several rules for assigning employer liability are used for occupational disease: apportionment of liability among responsible employers, limited apportionment of liability, the last injurious exposure liability, and the last exposure liability.
Unfortunately, this may well be an issue of employer liability and could even creep into future union contracts.
Human resource professionals will find the report particularly valuable when confronting problems with individual employment rights and for gaining practical insights on successfully limiting employer liability.

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