Vicarious Liability In The UAE

Can an employer be held liable for the act or omission of an employee?

In this article, let's get to know about vicarious liability in the UAE. The doctrine of vicarious liability, which is a key consideration for Arbitration Lawyers in Dubai, is derived from the English law of torts, under this doctrine, a third person is held liable for the acts and omissions of another person. It imposes indirect or secondary liabilities on employers for the wrongdoing of the employee during employment.
 

“Vicarious liability” is a legal doctrine that can hold a person liable or responsible for the loss or injuries suffered, although the person is not directly responsible for the act or omission. He is not directly involved in the commission of the loss or injury but he attracts the liabilities due to the legal relationship (which led to imputed negligence) with the offender. I.e. principal and an agent, employer and an employee, and a company and its directors.
 

The law of the UAE recognizes the concept of vicarious liability and Article 313.1.b of the UAE Civil Code (Civil Code) talks about it.

Article 313 1.b:
 

Any person who has actual control, by way of supervision and direction, over a person who has caused the damage, notwithstanding that he may not have had a free choice if the act causing harm was committed by a person subordinate to him in or because of the execution of his duty

As a person can be held liable for the actions and omissions of their employees. The civil code of UAE states that for the establishment of vicarious liability 3 elements must be fulfilled.
 

The Elements:
 

1. A relationship where the “supervisor” has power or control over the employee must exist.
2. A wrongful act must be committed by the employee.
3. The wrongful act has caused damage to a third party and it must be committed “in the course of employment”.
    

In case all the above-mentioned elements are satisfied, the employee is liable to pay compensation to the injured party.