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When is a Company Vicariously Liable for an Employee's Wrongful Actions in Georgia?

October 08, 2020

Businesses frequently try to distance themselves from their employees’ wrongful acts if an injury occurs to a third party. The reason is simple. Georgia-based companies may try to avoid civil liability for damages caused by their employees to save money. Georgia’s vicarious liability law holds that employers may be liable for an employee's wrongful actions to another in specific circumstances.

A victim of negligent behavior committed by an employee can suffer severe repercussions and even lose out on an award if an employer avoids vicarious liability in Georgia. If a judge allows an employer to evade justice by dismissing a lawsuit against a company, then the claimant may only have the option of attempting to collect a judgment against the employee alone. This could be difficult to do because many employees do not have enough money or liquid assets to satisfy a court-ordered payment. If that individual employee declares bankruptcy and cannot pay a verdict, the victim might only receive a portion of what is owed, if anything at all. In general, Georgia courts are concerned with the scope of an employee’s duties as they relate to the course of business of the employer when faced with a question of vicarious liability. Georgia courts will often ask whether the employee acted with the scope of the duties of the position while carrying out the business of the employer.

The question is slightly different when the employee involved has police powers. In those instances, Georgia courts tend to restrict the liability of the employer but there are many exceptions based on facts and law, and a skilled personal injury attorney can help answer any murky questions about a specific fact pattern. For example, when a governmental entity is involved in an injury claim in Georgia, there are often specific, important statutes and deadlines that may apply to a particular case that can limit the ability and time to recover for an injury claim. Since 1984, skilled and aggressive Montlick & Associates Attorneys have fought hard to maximize client financial awards against employers and employees alike. The first step in learning your rights is calling for your free consultation. 

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While we hope you are safe and never need our services, we are here to help you if you are involved in any type of accident or just have a question.  Call Montlick & Associates, Injury Attorneys, for your free consultation today. Our law firm has been representing those who suffer serious injuries for over 38 years and our attorneys have recovered billions of dollars for our clients. We Know What It Takes To Win!™  Please visit our read Montlick & Associates reviews to see what our clients have to say about our commitment to exceptional service.

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AGNES SCOTT COLLEGE, INC. v. Hartley, 816 SE 2d 689 - Ga: Court of Appeals 2018

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.