Liability and relationships between parties

Question 1

Vicarious liability

Answer 1

Employer/employee (respondeat superior)

• ER liable for injuries caused by negligence or SL or EE if during scope of employment
• can be directly liable for negligent hiring
• usually no intentional torts, EXCEPT when EE uses force for ER’s objective (bouncer)
• no liability for independent contractors - does ER dictate means, method, and manner?

Parent/child

• parents generally not vicariously liable for children’s torts
• could be for their own negligence, negligent supervision, negligent entrustment

Question 2

Survival statutes

Answer 2

Modern survival statutes say death of victim/tortfeasor no longer abates action - decedent’s estate can carry on

Common law: death abates action

Question 3

Wrongful death statutes

Answer 3

All jx statutorily provide action for heirs or estate reps to sue for wrongful death

This is for THEIR OWN losses resulting from victim’s death (wages, hospital costs)