Show:
Vicarious Liability
Strict Liability
Product Liability
IIED/NIED & Defamation
Misc.
100

What is Vicarious Liability?

Employers can be held liable for the torts of employees based on whether the act was done while the employee was doing the employer’s work, no matter how irregularly or with disregard of instruction

  • Employer can however be held liable for their own negligence in hiring, maintaining, and training
100

What is Strict Liability

Type of liability that does not require proof of fault

100

What is Product Liability?

Refers to the liability of any or all parties along the chain of commence of any product for damages caused by the product

  • (1) Product is defective when it left defendant’s hands and (2) is the factual cause of the harm
100

Does transfer of Intent apply to IIED?

No 

  • Transferred intent does not apply to IIED when Defendant intended to commit a different intentional tort (e.g., battery) against a different victim
  • Transferred intent may apply to IIED if, instead of harming the intended person, Defendant’s extreme and outrageous conduct harms another
100

If you need help on campus, where can you go?

CLASP

200

What are the factors court will examine in determining if the employer should be held vicariously liable for their employee?

1. Whether negligent act to some degree was in furtherance of employer’s interest

2. Whether conduct is kind employee authorized to perform

3. Whether act occur substantially with in authorized time and space restriction

200

For a plaintiff to recover on strict liability claim, they must prove:

(1) Nature of the defendant’s activity imposes an absolute duty to make safe.

(2) The dangerous aspect of the activity was the actual and proximate cause of the plaintiff’s injuries; and

(3) The plaintiff suffered damage to their person or property

200

What is this: The product does not conform to Defendant’s own specification

Manufacturing defect

200

What is IIED?

Elements

(1) the defendant engaged in extreme and outrageous conduct; 

(2) the defendant’s conduct was either (a) intended to cause the plaintiff to suffer severe emotional distress, or (b) done with recklessness as to whether the plaintiff would suffer severe emotional distress, and 

(3) the defendant’s conduct actually and proximately caused the plaintiff to suffer severe emotional distress

200

What individual states are Austin and I from?

Florida & New Jersey

300

What causes an employer of an independent contract to be held vicarious liable?

Liability only arises when the employer retains the right to control the method, manner, and operative detail of the work; it is not enough that the employer merely retains the right to inspect the work or to make suggestions which need not be followed

300

What are the three types of Animal categories for Strict Liability?

(1) Wild Animals, (2) Abnormally dangerous animals, (3) Domestic animals

  • Wild animals - Owner/possessor is strictly liable for harm done by wild animal despite owner’s precautions to prevent harm, as long as harm arises from dangerous propensity characteristic of animal or about which owner has reason to know
  • Abnormally dangerous animals - May be subject to defendant to strict liability if the activity creates a “foreseeable and highly significant risk of physical harm even when reasonable care is exercised by all actors and the activity is not one of common usage.
  • Trespassing animals - Owner/possessor is strict liable for reasonably foreseeable damage caused by trespassing animal
300

What is this: Assembled correctly but the design is wrong

Design defect

300

How can a plaintiff outside the zone of danger recover under NIED?

If closely related to person injured by defendant; present at the scene; and personally observed or perceived the injury & requires physical symptoms

300

What is a group of pugs called?

A grumble

400

What is the Coming and Going rule?

The employment relationship is “suspended” when the employee leaves work until he returns, unless employee rendering services to employer

*Services can include

  • On call 
  • Required to use personal car for job related tasks
  • Required to carry-out a job-related errand during commute; or
  • Where commute serves a dual purpose for both employer and employee
400

What is Common Usage?

Strict liability does not apply, and liability is limited to cases in which the plaintiff can prove either negligence or intent

400

What is the Risk Utility Test when used in Product Liability?

Product presented a risk of potential harm that outweighs the use or utility of the product to the consumer.

400

What are the elements of defamation?

(1) defamatory language, (2) of or concerning plaintiff, (3) publication, (4) falsity, and (5) fault

  • (1)Defamatory Language (diminishing respect, esteem or goodwill towards plaintiff)
  • (2) Of or concerning Plaintiff (reasonable 3rd party believes language refers to plaintiff)
  • (3) Publication (intentional or negligent communication to third party who understands defamatory nature)
  • (4) Falsity (public concern) - If statement relates to matter of public concern or Plaintiff is a public figure, Plaintiff must prove defamatory statement is false. Private plaintiff suing on a statement that does not involve matter of public concern not required to prove falsity; Defendant may prove truth as an affirmative defense
  • (5) Fault (public figure v. public figure w/ public concern v. private figure)
400

True or False – An unmarried women can be fined for parachuting on Sundays in Florida

True

500

What are other forms of Vicarious Liability?

1. Acts of a person’s business partner

2. Acts of a person engaged in a joint enterprise with the defendant, a kind of “temporary partnership” in which each has equal right of control; and

3. Acts of one with whom the defendant acts “in concert” or to whose acts the defendant aids and bets

500

In what year was the rule of strict liability established?

1868

500

Aside from assumption of the risk, what is another defense that can be raised against product liability?

Unforeseeable Misuse - If the plaintiff uses the product in a way that defendant could not reasonably foresee.

*If misuse is unforeseeable, then:

  • Product is not defective
  • Misuse is the sole proximate cause of plaintiff’s injury
  • Could apply comparative – plaintiff’s negligence might reduce the amount of recovery
500

What are the defenses against defamation?

(1) Truth, (2) Consent, & (3) Privilege

  • Truth → reasonably believed statement was true is NOT MALICE and is an absolute defense
  • Consent → cannot exceed scope
  • Privileges - 
  • (1) Absolute - For remarks: (i) during judicial/legislative proceedings (generally must be made by participants and related to proceedings); (ii) by legislators or federal/state executive officials in course of official duties; (iii) between spouses; or (iv) in required publications
  • (2)Qualified → statements appear necessary to protect Defendant/Public interest. Affecting important public interest, in the interest of Defendant or third party; privilege is lost if abused; burden on Defendant to prove privilege exists; burden on Plaintiff to prove privilege abused and lost. An honest & reasonable belief.
500

What is the name of this case – A man rushing to catch a train dropped his package containing fireworks. The package exploded causing a woman nearby to be injured by the resulting impact. This case established the concept of proximate cause.

Palsgraf v. Long Island Railroad Co.