Vicarious Liability of Government Entities: Legal Framework and Jurisprudence

Abstract

This paper provides an in-depth examination of the vicarious liability of government entities, focusing on the legal framework and jurisprudence that shape the state’s accountability for the actions of its employees and agents. Traditionally, vicarious liability is a principle applied in private law, holding employers accountable for the acts of their employees within the scope of employment. However, when applied to government entities, this principle raises complex issues due to the unique nature of public administration and the legal doctrines governing state sovereignty, such as sovereign immunity. The paper begins by exploring the theoretical foundations of vicarious liability, drawing on principles from both common law and civil law traditions. It examines how courts in various jurisdictions, including the United States, the United Kingdom, and civil law countries, have developed their approaches to state liability, particularly in the context of public law. It also considers how different legal systems handle the balance between the state’s duty to protect public welfare and the need to hold government entities accountable for torts committed by their employees. A key focus is on specific areas where government entities are most likely to be held vicariously liable, such as law enforcement, healthcare, education, and other public services. By analyzing landmark case law, the paper highlights both the successes and limitations of applying vicarious liability to the public sector. It also addresses key challenges, including the question of whether government bodies should be shielded from liability due to sovereign immunity or if the extension of vicarious liability is necessary for ensuring justice and compensating victims.