Vicarious Liability Claims and the Exoneration Rule
The legal principle of vicarious liability comes into play when a third-party pursues an employer for an employee’s negligence. When pursuing vicarious liability against an employer, remember that the exoneration rule comes into play when the employer is not a joint-tortfeasor with the employee. The exoneration rule is explained as follows:
An employer may be held vicariously liable for the negligent act of its employee committed during the course and scope of employment, even when the employer itself is without fault. Because in this context the employer is not a joint tort-feasor with the employee, the employer’s liability depends on the employee’s liability.
The common law’s “exoneration rule” requires a plaintiff to “establish an employee’s liability in a vicarious liability action against the employer. . . . If a party fails to do so, thus exonerating the employee, ‘a principal cannot be held liable’ either.”
Roe v. NPC International, Inc., 51 Fla.L.Weekly D189c (Fla. 5th DCA 2026) (internal citations omitted).
Stated simply, if pursuing an employer for an employee’s liability, you need to prove the employee’s liability. If you don’t prove the employee’s liability, then naturally, the employer can’t be liable and would be exonerated.
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