Which parties are liable

Question 1

Employee or service personnel involved

Answer 1

usually the person who committed the negligent act. People who generally have actual contact with the participants. Employees are individually liable for their own negligent conduct
Ex. Lifeguard, athletic trainer, teacher, coach

Question 2

Administrators and Supervisors

Answer 2

individuals who have some sort of administrative or supervisory authority over the service personnel. Liable if they owe a duty and their action (or inaction) enhances the likelihood of injury
Ex. Manager of a health club, or general manager of a professional baseball club

Question 3

Corporate entity

Answer 3

governing body of the organization. Not responsible if the negligence of an employee goes beyond the scope of the employee’s responsibility and authority Ex. County school board or the owner of a business

Question 4

Doctrine of respondeat superior

Answer 4

states that an employer is liable for the tortious actions of their employees or agents unless those actions occur with the scope of employment

Question 5

Independent contractor

Answer 5

individual or a company that contracts to perform a particular task using their own methods and is subject to the employer’s control only as to the end product or final result of his work. Shift liability to independent contractors. Set amount of money Ex. Scuba instructors, tree climbing specialists, team doctors

Question 6

Employee

Answer 6

hired, paid a set wage or salary, is often trained by the employer, works on an ongoing basis, must perform work as directed by the employer, and is paid by the hour, week or month

Question 7

Indemnification agreement

Answer 7

agreement by which one party agrees to indemnify (compensation for harm or loss), reimburse, or restore a loss of another upon the occurrence of an anticipated loss- referred to as hold harmless arguments