WHEN THE EMPLOYER RESPONDS ALMOST ONLY BY THE FACT OF BEING: JURISPRUDENTIAL REQUIREMENTS OF VICARIOUS LIABILITY

Abstract

Judgments concerning the liability of employers, in recent years, are settling the view that the employer must respond in almost any case in which their employees or dependents incur liability. This is exacerbated when exists a liability insurance of the employer who covers these «accidents», because in this way, it «ensures» most likely the victim coppers the compensation, if he has to direct its action for damages against the direct cause of the damage. So, it seems that the employer takes responsibility for the acts committed by its subsidiaries (vicarious liability) for the fact of being employer; changing from a subjective (based on guilt in watching the employer) to an objective responsibility. The broad interpretation by the courts of the requirements for the employer incur-ring this vicarious liability have helped to draw this change in nature. We analyzed in this paper, the judicial interpretation of these requirements.