Sometimes in personal injury and car accident cases, individuals who have not actually caused the accident themselves can also be held liable for the injuries that result. This is often known as vicarious liability. Examples of vicarious liability include employers that are held liable for the actions of their employees, or principals who are held liable for their agents. A recent case before the Georgia Court of Appeals looks closely at whether vicarious liability can occur when the employee or agent is not held liable themselves.
In this Georgia auto accident case, T.A. was injured after she was involved in a car accident with C.L. and D.B. At the time, C.L. was allowing his grandson to drive his car as practice shortly after receiving his driver’s license. D.B. collided with T.A. while he was driving. T.A. suffered serious injuries as a result of the accident.
T.A. sued D.B. for her injuries and also sued C.L. as the family member who allowed D.B. to drive, under the doctrine of family purpose. Under the family purpose principle, family members who own a car and allow others to drive it can be held responsible when those individuals cause an accident. The doctrine arose as a result of the fact that when those who were injured sued younger drivers, or the elderly, for their injuries, the defendants frequently had no assets and were virtually judgment proof. In order to give plaintiffs a better chance of recovery, the family purpose doctrine was expanded to allow plaintiffs a better chance of recovery.