What is the difference between a claim of professional negligence and a claim of vicarious liability?

In Arizona, the difference between a claim of professional negligence and a claim of vicarious liability is one of causal responsibility. Professional negligence is an act or omission by a professional that falls below the accepted professional standard of care and causes harm to another person whom they owed a duty of care to. For example, if a doctor makes a medical mistake that results in harm to a patient, that doctor could be liable for professional negligence. Vicarious liability, or “respondeat superior,” is when an employer can be held legally responsible for the actions of their employees. Generally, a business is liable for the negligent actions of its employees if the employee was acting within the scope of their job duties. An employer may also be held vicariously liable for employee actions that an employer should have reasonably foreseen as dangerous. For instance, if an employee drives a company vehicle in a reckless manner and causes an accident, the employer may be liable for the employee’s actions. The major difference between professional negligence and vicarious liability is that in the case of professional negligence, the professional is primarily responsible for any harm caused, while in the case of vicarious liability, the employer is primarily responsible.

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What is the difference between a claim of professional negligence and a claim of vicarious liability?

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