Vicarious liability in Costa Rica: theory of created risk and its analysis compared to famous rulings of the Supreme Court of the United Kingdom and the Court of Appeals of New York

Authors

  • Jaime Rivera Araya Investigador independiente Author

DOI:

https://doi.org/10.15517/yb0dbv38

Keywords:

Vicarious liability, objective indirect civil liability, fault in overseeing, fault in choosing, risk created theory, duality of vicarious liability, scope of employment, captain of industry.

Abstract

The present commentary consists initially of a very summarized presentation of what is considered vicarious liability in our country, and how it has been interpreted under the “created risk theory” by the judicial precedents of the First Chamber of the Costa Rican Supreme Court of Justice.

Author Biography

  • Jaime Rivera Araya, Investigador independiente

    San Ramón, Alajuela, Costa Rica. Licenciado en Derecho por la Universidad de Costa Rica. Correo: jaime.rivera@ucr.ac.cr. Teléfono: +506 8967-8002. Código ORCID: https://orcid.org/0009-0006-3102-1658

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Published

2025-08-10

Issue

Vol. 167 No. 167 (2025): Volumen 167-RCJ-2025

Section

Artículos

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