Strict Liability

Question 1

Liability may be imposed on D even where there is no proof that D actually was at fault.

Answer 1

Liability W/O Fault

Question 2

Causes of action include:
Liability of employers to employees under worker compensation statutes
Vicarious liability of employers and other principal for the action of employees or agents
Liability for harm done by certain kinds of animals
Liability for engaging in abnormally dangerous activities
Products Liability (under certain circumstances)
Defamation and other privacy torts (under certain circumstances)

Answer 2

Strict Liability

Question 3

Employee’s statutory and exclusive remedy against employer for on the job injuries resulting from employer’s negligent or reckless failure to exercise care or that of a co-employee. Abolishes “fellow servant rule”

Answer 3

Exclusivity (Workers Compensation)

Question 4

Dispenses with any proof of fault on the part of employer. Recovery limited to statutory schedules

Answer 4

No fault (Workers Compensation)

Question 5

Does not bar claims against employer for intentional torts
Does not bar claims against a third party who may be responsible, e.g., manufacturer of a faulty machine. May only recover damages in excess of any statutory amount.

Answer 5

Exceptions allowing for further suit

Workers Compensation

Question 6

P’s right to recover against D is based solely on the tortious conduct of a third party with whom D has a relationship either by operation of law or by contract

Answer 6

Vicarious Liability

Question 7

By virtue of the employment relationship, employer is liable for tortious conduct of its employee

Answer 7

Respondent Superior/Master Servant Rule

Question 8

Employee v. Independent Contractor
Doctrine only applies where D is an employee
Factors considered: Worker’s obligations to furnish tools, supplies, materials to perform job, right to control progress of work, time and method of payment.

Answer 8

Respondent Superior Issues

Question 9

An employer who hires an independent contractor to perform abnormally dangerous activities or work which requires special precautions still liable.

Answer 9

Respondent Superior Exception

Question 10

Tortious conduct must be committed incidental to or during scope of employment
Conduct actuated to serve employer’s purpose, including special errands

Scope of Employment
Tortious conduct must be committed incidental to or during scope of employment
Conduct actuated to serve employer’s purpose, including special errands
Need not be specifically authorized as long as foreseeable in light of duties

Answer 10

Respondent Superior Issues

Question 11

No liability attaches where employee completely abandons job duties

Answer 11

Frolic and Detour Exception

Question 12

No liability attaches where harm occurs during time employee commuting to and from employment

Answer 12

Going and Coming Rule

Question 13

Employer has right to sue employee for the full amount paid; Some states limit right to sue where employee only where conduct is reckless or intentional

Answer 13

Right to Indemnification

Question 14

Separate causes of action requiring a showing that employer had actual or constructive notice of employee’s incompetence and that injury resulted from incompetence
May extend to activities performed outside of scope of employment

Answer 14

Negligent Supervision/Negligent Hiring

Question 15

Partners and Joint Venturers

May be liable for the non-intentional torts occurring within scope of relationship

Answer 15

Vicarious Liability

Question 16

Set of circumstances where it is a reasonable for a third party to believe that an agent has authority as long as the belief is traceable to manifestations of principal
Business custom
Prior dealings

Answer 16

Apparent Agency (Vicarious Liability)

Question 17

May be responsible for accident caused by the use or operation of a dangerous instrumentality by another who had express or implied consent.
no need to show fault
Indirect cause of action
Owner gave consent

Answer 17

Owner of Dangerous Instrumentality

Question 18

A separate cause of action based on foreseeability of tortious use even if not considered a dangerous instrumentality
Direct cause
Must show fault

Answer 18

Negligent Entrustment

Question 19

Person liable is the owner or possessor of the animal and not the owner or possessor of the land on which tort may have occurred (unless the same person)

Answer 19

Owner v. Possessor (injuries caused by animal)

Question 20

Statutes have been enacted governing the liability for animals. In the absence of such a statute, issue is whether animal is classified as ________ or _____

Answer 20

domestic or wild

Question 21

A _______ animal is one which does not belong to a category that has been generally domesticated (in specific geographic area); and which is likely, unless restrained, to cause personal injury

Answer 21

wild

Question 22

A _______ animal is one that has been tamed and can interact with humans without any substantial harm

Answer 22

domesticated

Question 23

Strict liability applies if injury is caused by dangerous propensity of the species whether owner or possessor knew of it or not
If not caused by a dangerous propensity of species, then at least negligence must be established

Answer 23

Liability:

Wild Animals

Question 24

Negligence applies unless
common law or statute imposes strict liability; or
owner knew of abnormally dangerous propensity causing harm; or
Animals (except dogs and cats) trespassing on private land when injury occurs
Note: Strict liability generally does not apply where P is a trespasser or persons seeking to secure some benefit from contact with or proximity to animal

Answer 24

Liability

Domesticated Animals:

Question 25

Strict liability will be imposed where an activity is __________ ________, the activity was conducted and the activity caused harm.

Answer 25

abnormally dangerous

Question 26

Is risk of harm foreseeable
Is the harm likely to be great
Can risk be eliminated by reasonable care
Is activity a matter of common usage
Is activity appropriate to place
Does activity’s value outweigh risk

Answer 26

Six Factor Test:

ABNORMALLY DANGEROUS ACTIVITIES