What is Vicarious Liability?

Vicarious Liability is a rule of law that imposes strict liability on employers for the wrongdoings of their employees. Generally, an employer can be held liable for any wrongful act committed while an employee is conducting their duties (and sometimes even when it seems they are not!)

Our Health and Safety expert, Rob, was recently shocked during his travels noticing a massive increase in dirty cars. Cars that were so dirty you either cannot see the registration plate or struggle to read it. He told us that "Having certain parts of the car dirty can not only be dangerous - but also land drivers with a fine of up to £1,000 and points on your licence. You can also even have a MOT failure for incorrectly displaying your number plates. The Highway Code states that lights, indicators, reflectors, and number plates must be kept clean and clear, along with windscreens and windows, which also need to be free from obstructions to vision."

Rob also informed us that if a car's windows are too fogged up when it's cold outside, the driver could face a £60 fine and even £1,000 if driving with the obstruction is deemed to be careless driving.Likewise, improper care during snow could also end in a fine. Whilst you might clear your screen, a sudden stop or turn as you begin driving could cause the snow to slide on to your windscreen obstructing your vision or even the vision and path of another vehicle, which could lead to points on your licence and a max fine of £2,500 for driving without due care and attention. So make sure you are clearing all snow from the vehicle before starting the journey.

If you are driving for work, then there is a general responsibility on the owners of businesses to ensure that the vehicles are in good road worthiness at all times whilst being used for work, therefore they can also be liable.

Make sure your drivers are practising safe road practices as well as providing regular training and reminders to ensure your business is not going to face vicarious liability fines from the potential wrongdoings of your employees.