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Vicarious Liability

Definition -

Vicarious liability is usually the result of injury or damage caused by an employee under a strict employer and employee relationship. However, under certain circumstances, the liability exposure for acts by non-employees, such as independent contractors, may also be attributed to the owner or general contractor. The circumstances usually involve three situations:

  • Work that is inherently dangerous;
  • Projects that impose non-delegable duties on the project owner under federal, state or local laws; or
  • Negligence of the organization in hiring incompetent contractors.