What is the difference between a claim of vicarious liability and a claim of professional negligence?
Vicarious liability and professional negligence are two very different types of claims in Michigan. Vicarious liability occurs when one party is held responsible for the actions of another. In the professional context, this often means that an employer of a professional is held responsible for any negligent act of the professional; even if it was the professional that was responsible for the negligent act. Professional negligence, on the other hand, occurs when a professional fails to meet the standards of their profession or otherwise acts negligently. Professional negligence claims are brought against the individual professional, not the employer, as the professional who owes the duty of care. In short, the difference between vicarious liability and professional negligence is that, in vicarious liability, the party responsible for the negligent act is the employer, while in professional negligence, the party responsible is the professional.
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