4 min read time
Table of Contents
What Is Vicarious Liability
Vicarious liability is a legal principle that allows one party to be held legally responsible for the negligent, intentional, or wrongful acts committed by another.
Understanding vicarious liability laws is crucial to successfully filing any personal injury claim that contains a relationship where one party has a level of control over the other, such as an employer-employee relationship.
However, proving vicarious liability and obtaining the compensation you're entitled to can be a complex task, which is why it's recommended to contact an experienced Las Vegas personal injury attorney from The Rodney Okano Car Accident Lawyer Law Firm today by calling (702) 566-3600 for a free consultation.
What Is the Vicarious Liability Law in Nevada?
Nevada law has numerous vicarious liability laws, each of which applies to a different type of relationship.
Understanding them and identifying which best applies to your case is the first step in identifying the responsible parties.
Nevada Vicarious Liability Law for Employers
Nevada follows the legal doctrine of respondeat superior, which means that any Nevada employer can be held responsible for the negligent acts of their employees while the actions were committed within the course and scope of their employment (performing work duties).
Nevada Vicarious Liability Law for Vehicle Owner's
Nevada law has statutes regarding liability for vehicle owners when they permit another person to use their vehicle.
The key statute regarding this NRS 41.440 states that:
"Whenever any motor vehicle shall be operated upon a public street, road or highway of this state by any person other than the owner thereof, with the consent, express or implied, of the owner, the owner shall be liable, and such operator shall be deemed the agent of the owner of such motor vehicle in the operation thereof."
This means that if a vehicle owner allows another person, such as a family member, to drive the vehicle, the owner could be held vicariously liable for the damages and injuries caused by the accident.
Nevada Vicarious Liability Law for Parents
Nevada has vicarious liability laws regarding parent-child relationships, which allow for the parents or legal guardians to be held liable for any intentional or criminal actions their children engage in.
The key statute regarding vicarious liability for a parent-child relationship, NRS 41.470, states:
"Any act of willful misconduct of a minor which results in injury or damage is imputed to the parent or guardian having custody and control of the minor."
This means that a parent can be held directly responsible for their child's willful misconduct, such as vandalism or assault.
When Is an Employer Vicariously Liable in Nevada
Under respondeat superior, employers can be held liable for an employee's negligent actions if:
- The Employee Acted Negligently Within the Scope of Employment: During the time of the incident, the employee must have been performing job duties, such as using a company vehicle to deliver packages.
- The Individual Involved Was an Official Employee of the Company: The person involved in negligent or intentional conduct must have been an actual employee of the company and not a contractor.
Are Employers Vicariously Liable for Independent Contractors
In most cases, employers are not held liable for the actions of an independent contractor, as independent contractors are considered to control their work and not be under any supervision by the hiring employer.
However, there are exceptions where respondeat superior may apply, and an employer could be held responsible for the actions of an independent contractor.
These exceptions include:
- Negligent Hiring: If an employer knew a contractor would be potentially unqualified or dangerous or did not perform a reasonable background check, they could be held liable for any injuries or damages due to negligent hiring practices.
- Non-Delegable Duties: Certain responsibilities cannot be passed onto another party, meaning that even if an employer hires independent contractors, there could still be liabilities for which the employer will be held responsible.
Examples of Vicarious Liability in Nevada Personal Injury Cases
Understanding examples of vicarious liability claims is crucial to better understanding how vicarious liability may work in your personal injury case.
Rideshare Company Liable for Employee Car Accident
An employee of a rideshare company gets into a motor vehicle accident in which they are at fault, resulting in injuries to their passenger.
Instead of the employee needing to use their insurance coverage to cover the injuries and damages, the rideshare company is held vicariously liable and must use its larger insurance policies to cover the damages.
Slip and Fall Accident in an Apartment Complex
An occupant of an apartment complex slips and falls on a wet floor due to the lack of a warning sign.
While the employee acted negligently by not placing a wet floor sign and may have directly caused the slip and fall, the apartment owner will be held responsible for the resulting injuries and damages.
Parent Held Vicariously Liable for Their Child's Actions
A teen is caught vandalizing someone else's property and causes thousands of dollars in damages.
Under NRS 41.470, the parent or legal guardian will be financially responsible for their teen's intentional misconduct.
When Does Vicarious Liability Not Apply in Nevada
While vicarious liability often holds an employer responsible for the actions of their employees, there are cases where it may not apply, and liability could fall on the employee. Such cases include:
- The employee was working outside the scope of employment
- Independent contractors committed the negligent actions
- Criminal or intentional acts were involved
- Unauthorised use of a vehicle involved in an incident
Obtain the Compensation You're Entitled To
Contact Us Today
Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
