Vicarious Liability and Liability for the Actions of Others II

• Autores: Pablo Salvador Coderch, Carlos Ignacio Gómez Ligüerre
• Localización: Indret: Revista para el Análisis del Derecho, ISSN-e 1698-739X, Nº. 3, 2002
• Idioma: inglés
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• Resumen

  • The two traditional branches that regulate civil liability in Spain are the Spanish Civil Code of1889 (sections 1902, 1903 and 1904) and the Spanish Criminal Code of 1995 (section 120), theydetermine the harm caused by actions or omissions that are neither crimes nor misdemeanorsand those deemed to be, respectively.This work analyzes vicarious liability or liability for the actions of others as one of the legalmechanisms anticipated to overcome civil liability once it has been determined that theprinciple of individual liability –due to negligence or strict liability– is impractical given thelimited solvency of the majority of individuals responsible for a damage. In order to deal withthe intrinsic limitation that is found in individual civil liability, the law applies a variety ofmechanisms: to limit liability or increase the number of persons liable for the injury caused.The latter is made easier by the fact that there are usually multiple reasons for an accident,which in turn makes it plausible to place, using legislation, the liability for the consequences on anumber of people.Vicarious liability is only one means of finding a solution to the problems which arise inindividual liability. There are others, such as joint and several liability or vicarious liability, ininstances of crimes or misdemeanors that exist alongside the former. However, the practicalapplication is very similar in all cases: increase the number of people who are potentially liableuntil a solvent organization is found, or the member of employers and unions that are subjectto compulsory insurance.