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Vicarious Liability in Florida Injury Cases

Vicarious liability, or liability imputed to another party based on its relationship to the wrongful actor, can provide another avenue for a Florida injury victim to seek compensation. A recent decision from a federal appeals court illustrated an important difference between claims based on direct liability versus vicarious liability.

In the decision, issued by the 11th Circuit Court of Appeals in an appeal from the United States District Court for the Southern District of Florida, the court described the facts giving rise to the case, which took place on a cruise ship. During a ten-day cruise, a passenger fell during a dance competition on the cruise ship. The passenger claimed that her partner in the dance competition, who was a cruise ship employee, released her hands as she leaned away while doing a dance move. She claimed that as a result, she fell backward and hit her head on the deck. She was later diagnosed with traumatic brain injury because of the fall. The passenger sued the ship’s owner for negligence, alleging in part that the employee failed to act in a way that would keep the passenger safe. A federal district court originally found that the shipowner was not liable to the passenger because it did not show that the owner had notice of the employee’s allegedly negligent dancing before her injury.

However, the appeals court held that under maritime negligence law, in a claim of negligence based on vicarious liability (as opposed to direct liability), the shipowner is liable for an employee’s negligence even if the owner is not directly liable for anything that it did or did not do. The court explained that when a shipowner is alleged to be directly liable for a passenger’s injuries, such as negligently failing to properly maintain its premises, the shipowner had to have notice of the risk-creating condition. In contrast, in a negligence claim based on vicarious liability, the plaintiff does not need to prove the shipowner had notice.

Vicarious liability

Under the concept of vicarious liability, fault is imputed based on the wrongful acts of another person or entity. It makes the vicariously liable party liable for the entire share of fault of the wrongful actor. Vicarious liability does not require that the vicariously liable party act wrongfully in any way—it is based solely on the relationship between the vicariously liable party and the wrongful actor. One common example of vicarious liability is an employer being responsible for the wrongful acts of its employees acting within the scope of their employment.

Contact a South Florida Injury Attorney

If you or a loved one has been injured in a Florida cruise ship accident, you need an attorney you can trust. Friedman Rodman Frank & Estrada, P.A. is a South Florida law firm that has represented accident victims in and around Miami since 1976. We strive to secure maximum compensation for the injuries suffered by their clients, and they will seek punitive damages when they are deserved. Call them today at 305-448-8585 or contact them online to arrange a set up a free consultation.

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