Strict Liability Flashcards
What is Strict Liability?
Legal Doctrine that hold a person or entity liable for damages or injuries caused by their actions, even if they were not at fault
What is Respondeat Superior?
When an employer will be vicariously liable for tortious acts committed by her employee if the tortious acts occur within the scope of their employment relationship
What are the Two Steps in analyzing Respondeat Superior?
- Nature of Relationship
- Scope of Employment
What is the Nature of Relationship?
Determine whether a specific relationship exists between the principal and agent in question
What is an independent contractor? (2)
One who engages to perform a certain service for another according to
1. His own methods and manner,
2. free from control and direction of his employer in all matters connected with the performance of the service except as a result thereof
What is an Agency Relationship? (3)
Exists when:
1. The principal gives assent for the agent to act on their behalf
2. Agents actions are subject to the principals control
3. The agent consents to this arrangement
What are factors to consider when Actor is an Employee v. Independent Contractor? (10)
- Right to Control
- Distinct Business
- Customary Supervision
- Skill Level
- Tools and Workplace
- Employment Duration
- Payment Method
- Employers Business
- Intent of Parties
- Employers Business Status
What are Factors Indicating An Independent Contractor Relationship? (4)
- Hired by Third Party
- If alleged employer has no direct involvement in hiring, firing or supervising the worker
- If worker operates under separate contractual agreement
- If employer sets general policies and standards but doesn’t control the day to day work activities
What is Scope of Employment?
Determine whether the employee acted within the scope of her employment
Under Scope of Employment, who bears the burden of proof?
The plaintiff has the burden to show the contemporaneous relationship between the Tort and the Scope of Employment
Conduct of a Servant is within the Scope of Employment, if but only if: (4)
- Nature of Work
- Time and Location
- Employers Purpose
- Intentional Force
What is the Going and Coming Rule?
An employee traveling to or from work outside actual working hours is not within the scope of employment
What is the Exception to the Going and Coming Rule?
An employer can be held liable for an employees tortious act during a commute if:
The employers actions creates a foreseeable, work related risk that contributes to the employees conduct while commuting
What is the difference between Frolic and Detour?
- Frolic: Occurs when employee pursues personal business unrelated to employment, employer not liable until employee renters scope of employment
- Detour: A minor deviation for personal reasons while still serving employers business: employer is still liable
What if the Employee was acting in furtherance of Employers Purpose? (3)
An employer can be held liable for intentional tort or criminal act if:
1. The Act was done in the course of employment
2. It was performed as a means of furthering the employers business
3. The act was not so drastically different from authorized conduct that it becomes personal pursuit of the employee
How does Strict Liability apply to Abnormally Dangerous Activities?
One who carries an abnormally dangerous activity is subject to liability for harm from the activity even if reasonable care was exercised
What does Plaintiff have to prove under Abnormally Dangerous Activities?
That the Defendants activity was the proximate cause of the damage
What factors do courts consider to decide the Activity is Abnormally Dangerous? (Subjective standard) (6)
- Existence of a high degree of risk of some harm to the person, land, or chattels of others
- Likelihood that the harm that results from it will be great
- Inability to eliminate the risk by the exercise of reasonable care
- Extent to which the activity is not a matter of common usage
- Inappropriateness of the activity to the place where it is carried on
- Extent to which its value to the community is outweighed by its dangerous attributes
Exception: Ultrahazardeous Activity Doctrine (2)
- Strict liability applies only if the harm suffered is directly related to the inherent risks of the activity
- An injured party cannot recover under S.L relating to the transportation of ultrahazardeous materials if injuries were not caused by it
