Vicarious Liability

Vicarious liability means that a person is liable for another person’s act or omission even though the first person is not at fault. Vicarious liability applies where a person employs another as a “servant” and the latter unlawfully harms a third person while acting “within the course and scope of their employment”. For example a nurse is employed by the hospital therefore you will hold the hospital vicariously liable.

An example was in the case of Ntaba v Member of the Executive Council of the Department of Health of the Eastern Cape Government, Bhisho, The Plaintiff sustained bodily injuries to her finger which became gangrenous after a splint was applied. It was found that the incorrect application of the bandage was used, which was below the requisite standard of professional skill and diligence, as was the failure of the hospital personally to warn the Plaintiff of potential complications and symptoms. The Defendant in this case the MEC of Health was held liable.

Vicarious Liability

Vicarious liability means that a person is liable for another person’s act or omission even though the first person is not at fault. Vicarious liability applies where a person employs another as a “servant” and the latter unlawfully harms a third person while acting “within the course and scope of their employment”. For example a nurse is employed by the hospital therefore you will hold the hospital vicariously liable.

An example was in the case of Ntaba v Member of the Executive Council of the Department of Health of the Eastern Cape Government, Bhisho, The Plaintiff sustained bodily injuries to her finger which became gangrenous after a splint was applied. It was found that the incorrect application of the bandage was used, which was below the requisite standard of professional skill and diligence, as was the failure of the hospital personally to warn the Plaintiff of potential complications and symptoms. The Defendant in this case the MEC of Health was held liable.