Vicarious Liability / Indemnity

"If liability arises against both a principal and agent, master and servant, employer and employee, or other persons having a vicarious liability relationship, the injured party may sue either the primarily liable agent, servant, employee, or person or the secondarily liable principal, master, employer, or person, or both. For the injured party to prevail the action must be while in the course of, and within the scope of, that agent's, servant's, employee's, or person's agency or servant relationship with, or employment by, the secondarily liable principal, master, employer, or other person.

A primarily liable agent, servant, employee, or person is not a necessary party to the tort action alleging respondeat superior or vicarious liability against a secondarily liable principal, master, employer, or other person, except in specific circumstances. ORC §2307.241"

"Under Ohio law, indemnity is the right of a person who is secondarily (or vicariously) liable to recover damages from the person primarily liable (the wrongdoer) for expenditures paid to a third party injured through the violation of the wrongdoers common duties. Mills v. River Terminal Railway Co. 276 F.3d 222, 227 (6th Cir. 2002).

Secondary (or vicarious) liability arises when a party is held responsible for the other’s wrongful acts based solely on its relationship with the responsible actors. Indiana. Ins. Co. v. Barnes, 165 Ohio App. 3d 262, 2005-Ohio-6474, 846 N.E.2d 73, ; 15 (10th Dist.). The party paying the damages to the third party is secondarily liable. The party who actually committed the wrongful act is primarily liable. While Ohio courts have not directly addressed whether an equipment lessor can obtain indemnification for damages awarded to a third party based on the lessors vicarious liability, there is an exist an implied right of indemnification when the party committing the wrong is so related to a secondary party that the secondary party becomes liable for the wrongs committed solely by the other. Indiana Ins. Co. at 267. Where a situation involves vicarious liability, there is a right of indemnity in the party that is considered secondarily liable. Comer v. Risko, 106 Ohio St. 3d 185, 190 (2005)."