Strict Liability - Vicarious Liability, Abnormally Dangerous Activities, Defective Products Flashcards
Employer can be responsible for employees torts when
Control of the employee
No fault has to be shown on the part of the employer
Act was motivated by serving employer
Scope of employment tests
Same kind of authorized time and expectation by the employer
Motive to serve the employer
Ordinary course of business
Going and coming rule
Going and coming from work = employer not responsible
Exceptions to the going and coming rule
On call
Personal vehicle used for work related tasks
Running a job related errand
Commute serves dual purpose for employer and employee
Special hazard
Frolic
Major detour that does not benefit the employer
No vicarious liability
Detour
Major detour
May be vicarious liable
Intentional torts
Causal nexus to employees work
- required or incidental to employees duties or
- reasonably foreseeable to employers
Independent contractors
Generally not responsible
Factors for liability
- control
- how separate
- skill involved
- own tools, etc…
Exceptions for independent contractors
Direct supervision
Hired incompetent contractor
Inherently dangerous operation
Abnormally dangerous activity
2nd restatement
Existence of high degree of risk
Likelihood of harm will be great
Inability to eliminate risk by reasonable care
Extent to which the activity is not a matter of common usage
Inappropriateness of activity to the place where it is carried out
Value to the community
Abnormally dangerous activity
3rd Restatement
Activity must create a foreseeable and highly significant risk of harm
The activity is not one of common usage
Types of defects
Manufacturing
Design
Information
Theories of defective products
Strict liability
Negligence
Who can you sue
Manufacturer
Distributor
Retailer
Manufacturing defect
2nd = consumer expectation
3rd = departed from intended design (aberration)
