Strict Liability Flashcards
Liability may be imposed on D even where there is no proof that D actually was at fault.
Liability W/O Fault
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)
Strict Liability
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”
Exclusivity (Workers Compensation)
Dispenses with any proof of fault on the part of employer. Recovery limited to statutory schedules
No fault (Workers Compensation)
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.
Exceptions allowing for further suit
Workers Compensation
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
Vicarious Liability
By virtue of the employment relationship, employer is liable for tortious conduct of its employee
Respondent Superior/Master Servant Rule
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.
Respondent Superior Issues
An employer who hires an independent contractor to perform abnormally dangerous activities or work which requires special precautions still liable.
Respondent Superior Exception
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
Respondent Superior Issues
No liability attaches where employee completely abandons job duties
Frolic and Detour Exception
No liability attaches where harm occurs during time employee commuting to and from employment
Going and Coming Rule
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
Right to Indemnification
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
Negligent Supervision/Negligent Hiring
Partners and Joint Venturers
May be liable for the non-intentional torts occurring within scope of relationship
Vicarious Liability
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
Apparent Agency (Vicarious Liability)
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
Owner of Dangerous Instrumentality
A separate cause of action based on foreseeability of tortious use even if not considered a dangerous instrumentality
Direct cause
Must show fault
Negligent Entrustment
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)
Owner v. Possessor (injuries caused by animal)
Statutes have been enacted governing the liability for animals. In the absence of such a statute, issue is whether animal is classified as ________ or _____
domestic or wild
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
wild
A _______ animal is one that has been tamed and can interact with humans without any substantial harm
domesticated
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
Liability:
Wild Animals
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
Liability
Domesticated Animals:
Strict liability will be imposed where an activity is __________ ________, the activity was conducted and the activity caused harm.
abnormally dangerous
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
Six Factor Test:
ABNORMALLY DANGEROUS ACTIVITIES
