Employer's Liability and Negligence Concepts
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Questions and Answers

What determines the employer's liability for an employee's negligence?

  • The employee's mental ability
  • Whether the task is part of the employee's job (correct)
  • The employer's prior knowledge of the employee's skills
  • The employee's personal history

    • Mental ability is considered when determining objective standard of care.

    False

    What is the term for the level of care that a reasonable person would exercise in a given situation?

    Standard of Care

    An employee with a __________ past may lead to employer liability if hired for a task that triggers that history.

    <p>negative</p> Signup and view all the answers

    Match the standard of care with its definition:

    <p>Utmost Care = Taking great care and paying close attention to details Due Care = Ordinary or reasonable care Subjective Standard of Care = Considers an individual's knowledge and experience Objective Standard of Care = Measures conduct against a hypothetical reasonable person</p> Signup and view all the answers

    What does circumstantial evidence require to support a claim?

    <p>Additional reasonable inferences</p> Signup and view all the answers

    Which standard considers the specific characteristics of the individual?

    <p>Subjective Standard of Care</p> Signup and view all the answers

    Physical disability is not considered when determining objective standard of care.

    <p>True</p> Signup and view all the answers

    Negligence Per Se requires the plaintiff to prove the defendant violated a specific statute.

    <p>True</p> Signup and view all the answers

    How are children compared in terms of negligence?

    <p>To the same standard as other children, unless they commit acts of adults.</p> Signup and view all the answers

    What is prima facie evidence?

    <p>Evidence that appears to be enough to support a case at first glance.</p> Signup and view all the answers

    Circumstantial evidence gives rise to a logical __________ that the fact exists.

    <p>inference</p> Signup and view all the answers

    Match the following legal concepts with their descriptions:

    <p>Negligence Per Se = Violation of a statute that leads to harm Constructive Notice = Awareness of a condition that existed for a specific time Contributory Negligence = Plaintiff's own negligence contributing to harm Role of Custom = Established practices guiding reasonable conduct</p> Signup and view all the answers

    In the case of Martin, what was the plaintiff's negligence?

    <p>Not having headlights on</p> Signup and view all the answers

    Custom can be considered conclusive evidence of negligence.

    <p>False</p> Signup and view all the answers

    What is the significance of safety statutes in relation to negligence?

    <p>They are intended to protect certain classes and establish responsibility for harm.</p> Signup and view all the answers

    Which of the following is NOT a criterion of the Three-Prong Test for a Private Action for Statutes?

    <p>The plaintiff must have experienced financial loss.</p> Signup and view all the answers

    In general, landowners have no duty to protect trespassers.

    <p>True</p> Signup and view all the answers

    What legal doctrine holds individuals responsible for harm caused by someone to whom they have given a dangerous object?

    <p>Negligent Entrustment</p> Signup and view all the answers

    In California, a licensee is owed a _____ duty by the landowner.

    <p>general</p> Signup and view all the answers

    Match the type of land visitor to their respective duty of care by the landowner:

    <p>Invitee = General duty Licensee = Protect against known dangers Trespasser = No duty Flagrant Trespasser = No duty</p> Signup and view all the answers

    Which term describes the concern about excessive liability resulting from multiple claims related to a single event?

    <p>Crushing Liability</p> Signup and view all the answers

    An invitee in the context of landowner duty is only protected against known dangers.

    <p>False</p> Signup and view all the answers

    According to the policy bases, what is the term used for the situation of many claims arising from a single event?

    <p>Crushing Liability</p> Signup and view all the answers

    What is the meaning of 'proximate cause' in the context of negligence?

    <p>A cause that is legally recognized as being close enough to the harm for liability</p> Signup and view all the answers

    Contributory negligence absolves the defendant from any liability for a plaintiff's injuries.

    <p>True</p> Signup and view all the answers

    List the four requirements for the assumption of risk defense.

    <ol> <li>Knowledge of the facts constituting a dangerous condition; 2. Knowledge that the condition is dangerous; 3. Appreciation of the nature and extent of the danger; 4. Voluntary exposure to the danger.</li> </ol> Signup and view all the answers

    The ______ Rule states that professionals engaged in rescue activities cannot generally claim negligence if they are injured while performing those activities.

    <p>Professional Rescuer</p> Signup and view all the answers

    Match the following concepts to their definitions:

    <p>Contributory Negligence = A plaintiff's own negligence can bar recovery Assumption of Risk = Voluntarily exposing oneself to a known danger Waiver of Liability = A form used to relinquish the right to sue Proximate Cause = A legally recognized cause that leads to harm</p> Signup and view all the answers

    Which of the following is NOT one of the Tunkl Factors for determining the validity of waiver of liability forms?

    <p>The waiver must be signed in front of a notary</p> Signup and view all the answers

    A waiver of liability can be enforced against a party if it adversely affects public interest.

    <p>True</p> Signup and view all the answers

    What is the role of the 'four requirements' in conjunction with the assumption of risk?

    <p>They establish the conditions under which a plaintiff can be found to have knowingly accepted a dangerous situation that may limit or eliminate liability.</p> Signup and view all the answers

    Which of the following factors would NOT contribute to determining whether an activity is abnormally dangerous?

    <p>Extent to which the activity is common usage</p> Signup and view all the answers

    Common carriers are subject to strict liability for all types of materials they transport.

    <p>False</p> Signup and view all the answers

    What is the main premise behind enterprise liability?

    <p>An enterprise has superior risk-bearing capacity and is better positioned to respond to safety incentives.</p> Signup and view all the answers

    In joint and several liability, a plaintiff can collect damages as long as their negligence is not greater than the defendants', which in this case can be up to ________ percent.

    <p>50</p> Signup and view all the answers

    Match the type of activity to its liability status:

    <p>Shipping hazardous materials = Not abnormally dangerous by default Common carrier responsibilities = Not subject to strict liability Private nuisance actions = Intentional and unreasonable tort Enterprise liability concept = Superior risk-bearing capacity</p> Signup and view all the answers

    If Party A is responsible for 40% of the negligence with a total damage amount of $100,000, how much is Party A liable to pay?

    <p>$40,000</p> Signup and view all the answers

    Private nuisance must always involve physical harm to be considered unreasonable.

    <p>False</p> Signup and view all the answers

    What happens to the total liability amount if one party is insolvent?

    <p>The total liability amount is reduced by the amount that the insolvent party cannot pay.</p> Signup and view all the answers

    Under which approach is the plaintiff completely barred from recovery if their total negligence exceeds or equals that of the defendant?

    <p>Rhode Island Approach</p> Signup and view all the answers

    In the South Carolina Approach, a plaintiff can recover damages if their negligence is less than or equal to the defendant's negligence.

    <p>True</p> Signup and view all the answers

    What is the definition of assault in the context of intentional torts?

    <p>Reasonable fear of imminent bodily harm.</p> Signup and view all the answers

    False imprisonment involves limiting someone's liberty to move from where they don’t want to be due to __________ or physical locking of the door.

    <p>moral pressure</p> Signup and view all the answers

    Match the following intentional torts with their definitions:

    <p>Battery = Harmful or offensive contact False Imprisonment = Limiting someone's liberty to move Trespass to Chattel = Temporary impairment of possession Conversion = Permanent deprivation of property use</p> Signup and view all the answers

    What is required for a conversion claim?

    <p>Intent and exercise of possession</p> Signup and view all the answers

    Intent is not a requirement for establishing battery in intentional torts.

    <p>False</p> Signup and view all the answers

    What distinguishes conversion from trespass to chattel?

    <p>Conversion results in a substantial or permanent impairment of the owner's rights, while trespass to chattel involves only temporary possession or impairment.</p> Signup and view all the answers

    Study Notes

    Vicarious Liability

    • Holds a person or organization responsible for another person's actions, even if not directly involved
    • Plaintiff Side:
      • Survival Statute: Allows the deceased's estate to sue for harm they could have sued for if they survived
      • Wrongful Death Statute: Claims brought by surviving family or dependents against the defending party
    • Defendant Side:
      • Respondeat Superior: Employee, agent, or apparent agent
        • Apparent Agent requires:
          • Representation: Agent makes a representation that gives a third party the reasonable belief of the agent's authority
          • Reliance: The third party reasonably relies on the representation
          • Change of Position: Third party takes action or makes decisions based on the belief of the agent's authority

    Scope of Employment

    • Employee's actions must occur during work hours and in the designated work area
    • Action must contribute towards employer's business, even if done negligently
    • Employee must execute tasks assigned by the employer

    Employer Negligence

    • Employer can be liable if they knowingly hire an employee with a negative past record and the negative past retriggered during work

    Negligence Principle

    • Standard of Care: Level of care a reasonable person would exercise
    • Objective Standard of Care: Comparing person's conduct with a hypothetical "reasonable person"
    • Mental and Physical Ability: Considered in the standard of care (e.g., blind person vs. sighted)
    • Children: Children are held to a standard that aligns with their maturity level, unless acting as adults (e.g., driving a car)

    Due Care

    • Ordinary or reasonable care, which aligns with the actions of a reasonable individual

    Circumstantial Evidence

    • Indirect evidence that supports a logical inference to prove a fact in question
    • Requires additional rational inferences

    The Role of Custom

    • Established industry or community practices can help determine if a defendant acted reasonably

    The Role of Statutes

    • Martin (Land):
      • Contributory Negligence: Plaintiff's own negligence contributes to their harm
      • Negligence Per Se: Defendant violates a statute intended to protect a specific group, causing harm. The harm must be of the kind that the statute was intended to prevent
    • Tedla (Land):
      • Violating a statute can be justified if it puts the person in a safer position for a good reason

    Special Case of Medical Malpractice

    Duty Requirement

    • Affirmative Actions (Malfeasance):
      • Duty owed to another that's fulfilled through action
      • Duty, breach, harm, causal relationship
    • Nonfeasance - Failure to act creates duty (in special cases)

    Duty to 3rd Parties

    • Therapist duty to warn a third party if a patient is seen as a threat to the person

    Governmental Immunity

    • Government entity is not liable if an employee acts outside their scope of duty

    Common Carrier

    • Higher standards of care than regular drivers to ensure passenger safety

    Causation

    • “But-for” causation: The injury would not have occurred if the action hadn't happened
    • Proximate cause: Foreseeable consequences of an action

    Negligence Defenses

    • Contributory/Comparative Negligence
    • Assumption of Risk
      • Plaintiff must know the facts of the dangerous condition
      • Plaintiff must know the condition is dangerous
      • Plaintiff must understand the danger

    Intentional Torts

    • Assault
    • Battery
    • False Imprisonment
    • Intentional Infliction of Emotional Distress
    • Trespass to Chattels
    • Conversion
    • Negligent Entrustment

    Statute of Limitations

    • Time limit for filing a lawsuit after incident

    Strict Liability

    • Liability regardless of intent; certain abnormally dangerous activities carry inherent risk of harm

    Enterprise Liability

    Additional Tort Concepts

    • Joint and Several Liability: Plaintiff can collect from multiple defendants until they are fully compensated, even if their negligence isn't equal
    • Permissive Inference: Suggestion to a jury, rather than a requirement
    • Private Nuisance: Intentional and unreasonable interference with enjoyment of property

    Trial Judge & Damages

    • Judge duty to reduce or agree on damages
    • Appellate judge duty to prevent prejudice in damages

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    Description

    This quiz explores the critical concepts surrounding employer liability for employee negligence. Participants will learn about the standards of care and how various factors influence the assessment of negligence. It also covers legal definitions and relevant case examples.

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