What type of evidence is needed to prove a claim of vicarious liability?

In Washington, as in other states, when a party (usually an employer) is charged with vicarious liability, evidence must be presented to demonstrate that the party in question is responsible for the action of another. For example, if an employee is accused of negligence, the employer may be held vicariously liable for the employee’s actions. To prove this, the plaintiff must demonstrate the following: 1. The relationship between the two parties: The plaintiff must show that the employer and the employee had a relationship of employer and employee, or a similar relationship such as a business partner. 2. The responsibility of the employer: The plaintiff must show that the employer had some duty or obligation to the employee. For example, if the employee was driving a vehicle owned by the employer, the plaintiff may show that the employer had a duty to maintain the vehicle in a safe condition. 3. The connection between the employer’s responsibility and the employee’s actions: The plaintiff must demonstrate a causal connection between the employer’s responsibility and the employee’s actions which caused the harm. Additionally, the plaintiff must show that the employee’s actions are not unrelated to the employer’s responsibility. If the employee’s actions are not connected to the employer’s obligation then the employer cannot be held vicariously liable and the claim of vicarious liability will fail.

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What type of evidence is needed to prove a claim of vicarious liability?

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