Glossary / Tort & Civil Liability (Advanced)

Vicarious liability

Vicarious liability attributes responsibility to a person or organisation for harm caused by another, commonly an employee, agent, or auxiliary. In common-law systems it often turns on employment, control, and whether the act occurred in the course of employment. Swiss law uses related but distinct mechanisms, including employer or principal liability for auxiliaries and liability for organisational failures, with possible exculpation in some settings. The issue is central for companies, hospitals, schools, transport operators, and insurers because it determines who bears the financial consequences of operational risks.

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