What Is Vicarious Liability in Georgia?
Short answer: Vicarious liability means one person or company is legally responsible for someone else’s wrongdoing because of their relationship, most often an employer’s responsibility for an employee on the job. In Georgia, it can let you recover from the company whose driver caused your crash, not just the driver.
Definition
“Vicarious” means experienced through another. The most common form is respondeat superior, Latin for “let the master answer”: the employer may have done nothing wrong itself, but it answers for an employee doing its work.
How it works in Georgia
- Employers. An employer is liable for torts its employee commits “in the prosecution and within the scope of” the employer’s business (O.C.G.A. § 51-2-2). A driver on a delivery route usually qualifies. An employee on a personal errand may not.
- Independent contractors. An employer generally is not responsible for a contractor’s torts (§ 51-2-4), with exceptions, such as when it controls how the work is done or the wrongful act violates a statutory duty (§ 51-2-5).
- Family purpose doctrine. Under Georgia case law, an owner who provides a car for family use may be liable when a family member drives it for a family purpose with permission.
- Parents. Parents with custody are liable for a minor child’s willful or malicious acts up to $10,000 plus court costs, limited to medical expenses and property damage (§ 51-2-3).
- Direct claims too. Even when a company admits its driver was on the job, you may still bring claims such as negligent hiring or entrustment against it (Quynn v. Hulsey, Ga. 2020).
Example
A plumbing company’s van runs a stop sign in Norcross while the technician is driving to a service call and hits your car. Because he was acting within the scope of his job, the company is vicariously liable, and its commercial auto policy may be available.
Why it matters for your claim
- It can open access to larger commercial insurance policies.
- Work logs, GPS data and dispatch records can show whether the driver was on the job.
- Delivery and rideshare drivers are often classified as independent contractors, which complicates the analysis.
Read more: Holiday delivery driver crashes in Georgia and Borrowed car accidents in Georgia.
Related terms
Frequently Asked Questions
If someone borrows my car and crashes, am I liable?
Not simply because you own the car. You could face a family purpose or negligent entrustment claim, and your auto policy often covers drivers you allow to use the car.
Can I sue both the driver and the employer?
Yes. You can bring a negligence claim against the driver and a vicarious liability claim against the employer in the same case.
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we win.
This is general information about Georgia law, not legal advice for your situation.
