Vicarious liability, also known as imputed liability, is when a principal party is responsible for the actionable conduct of their agent based on the relationship between the two parties. Vicarious liability falls under the respondeat superior doctrine and is thus, a type of strict liability because the principal is in control of the agent and the agent’s actions represent the principal.
For example, in Burlington Industries, Inc. v. Ellerth, the Supreme Court held an employer vicariously liable for the hostile work environment created by the employer’s supervisor.
Under common law, a member of a conspiracy case can be held vicariously liable for the crimes of their co-conspirators if the crimes committed by the co-conspirators were foreseeable and if they were committed with the intent of furthering the objective of the conspiracy. See also: Pinkerton liability
Pinkerton v. United States, 328 U.S. 640 (1946)
[Last updated in July of 2024 by the Wex Definitions Team]