The following article was written by Mr. Gelber and appeared in Western New York-area newspapers.
If you were to suffer an injury as the result of the negligence of a delivery person, would you seek to recover damages by suing him or her directly or could you instead sue his or her employer? The answer to this question largely rests with a determination of whether or not the delivery person is an “agent” of that employer.
In simple terms, an “agent” is a person who is authorized to act on behalf of another. The person or entity who granted authority to an agent is called the “principal”. In the event that the agent acts negligently and harms another person as a result, “vicarious liability” might exist, which would place the liability on the principal for the actions of an agent.
You should be asking yourself this same question in any situation in which you are injured in a public setting. If you are injured in a store, chances are some individual employee is involved in failing to clean up a spill or leaving an object in an aisle. If you are injured by a falling object while walking by a construction site it is likely the responsibility of an individual working for some construction company.
Since a “company” is not a living being it doesn’t act itself; rather, it relies on its employees. Even if you can ultimately seek recovery from such a company, does not in and of itself mean that the company is liable.
Aside from showing that the negligent person failed to meet an accepted standard of care and that his or her employer may be ultimately responsible, the specific act of negligence must be shown to have caused your injuries. That is why it is important to retain an attorney when you are injured to assist in determining whether or not you have a valid basis to bring a claim against someone and, if so, against whom.
We are available to help you with your legal needs so call us at (716) 568-7039 for a free consultation. Our office is located at 6512 Main Street in Buffalo, New York.
