Responsibility in a Negligence Case


It is not just individuals who can be held liable for negligence. Businesses, corporations and any other form of organization that is recognized as a legal entity can be held liable for negligence.

In some accident cases, besides the persons directly involved in the accident, others may also be found negligent. For example, Car & Bus LLC is engaged in the business of picking up customers from their location and dropping them at the desired location. Paul who is an employee of Car & Bus LLC injures a pedestrian while driving a car belonging to Car & Bus LLC. Paul was driving the car with a customer of Car & Bus LLC who had hired the services of Car & Bus LLC to drop him at a desired location. In this case, Car & Bus LLC will also be liable for the pedestrian’s injuries although it is not directly involved in the accident. This is known as vicarious liability. The employer will be liable for any accident caused by the negligence of an employee in the course of the employment. However if Paul had injured the pedestrian using his personal car on a holiday while he was going to meet some of his friends, Car & Bus LLC will not be liable for the pedestrian’s injuries. The accident must occur while the employee is acting within the course of the employment or acting on the employer’s instructions.

Strict Liability

Not every accident or injury claim is based on negligence. Some accident or injury claims are based on the concept of strict liability. Generally injury or accident claims arising from product liability or animal bites are based on this concept. In such cases, the plaintiff has the burden of providing that the product or the activity of the defendant is inherently dangerous and that the plaintiff’s injuries are caused by the defendant’s product or activity. There is no need to prove fault.

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