Supreme Court harmonizes vicarious liability, registered owner rule

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Every time we step out of our homes, we are aware of the risks involved in encountering accidents. News stories are filled with incidents involving buses, delivery vans, cars and motorcycles causing

This provision is closely related to Article 2176 of the same law, which underscores the principle that those causing damage to others due to fault or negligence must assume responsibility. Moreover, it extends its application to encompass those individuals which the law deems responsible, not only for their own actions or omissions, but also for the actions or omissions of others. Thus, employers are responsible for their employees under certain circumstances.

Conversely, the registered-owner rule only requires the plaintiff to prove that the defendant-employer is the registered owner of the vehicle. The court declared that the registered owner of a vehicle cannot use the defenses found in Article 2180, and as long as Filcar is the registered owner, it cannot escape primary liability.

The appropriate approach in cases where both the registered-owner rule and vicarious liability rule find application is for the complainant to first establish that the employer is the registered owner of the vehicle in question.

 

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