Sentences with phrase «vicarious liability»
Vicarious liability means that someone can be held responsible for the actions or mistakes of another person or entity, even if they didn't personally do anything wrong. It typically applies when there is a special relationship between the two parties, like an employer and an employee. So, if the employee does something harmful or makes a mistake while working, the employer can be held accountable for it. Full definition
The clearest and most obvious example of this judicial thinking has been the growth in the scope of vicarious liability of employers for the torts of their employees.
newlawjournal.co.uk
The hospital was named as a party defendant under the theory of vicarious liability for the alleged negligence of Mizyed's treating physicians.
The federal and state laws also allow for vicarious liability in the case of commercial tractor - trailers.
[31] I am of the view that the question of vicarious liability on the facts of this case can not be resolved on a pleadings motion.
The practical effect of this has been to deny vicarious liability claims to most claimants in child abuse cases, since very few such claims are brought before the victim is 24 years old.
According to the court, New Mexico law allows punitive damages to be awarded based upon both a direct and vicarious liability theory.
Massachusetts also recognizes a key legal doctrine called vicarious liability.
In addition, this argument prevented blaming a broker under vicarious liability, which holds one entity equally accountable for the violations of another entity.
This is known as vicarious liability, or as the doctrine of respondeat superior.
From this morning's New York Law Journal comes a report on a case decided by a New York trial court, holding that Zipcar, the «car - sharing» service currently operating in 50 cities and 100 universities around the country, is shielded from vicarious liability for accidents involving its vehicles.
In vicarious liability cases, if an individual was employed by an enterprise and the conduct in question was related to work the employee was instructed to do, the employer will generally be liable for the actions of its employee.
To the extent that s. 1 (1) of the Privacy Act requires deliberate wrongdoing, it is not per se incompatible with vicarious liability.
Essentially, the doctrine of vicarious liability allows for a plaintiff to hold an employer responsible for the negligent acts of an employee.
In addition to alleging vicarious liability on the basis of respondeat superior, plaintiff is also alleging premises liability.
The personal injury lawyers at Parr Richey Frandsen Patterson Kruse represent clients in a variety of personal injury cases, including assaults and cases involving vicarious liability.
In some cases, however, school districts have been relieved of vicarious liability when an employee's negligent actions departed significantly from normal school duties.
In deciding whether vicarious liability exists, the full nature of the relationship between the parties must be considered.
The court explained «to permit vicarious liability where there is no direct liability would be to accomplish indirectly that which could not be accomplished [directly].»
Vicarious liability does not require proof of direct negligence by the employer, only that the employee — acting in the course and scope of employment — was negligent.
When the employee of a New Orleans business causes an injury, Louisiana State Law places vicarious liability on the employer if the employee was in exercise of the functions in which he or she is employed.
It appears tolerably clear that a spontaneous act that is merely linked to employment because that employment provides the opportunity to commit that tort will likely not found vicarious liability (though compare and contrast to the decision of the House of Lords in Lister).
The concepts presented here offer initial guidance in what can be a long and challenging process: proving vicarious liability for the negligent acts of a non-employee.
Defended investment company against allegations of corporate vicarious liability for franchisor and franchisee negligence related to injuries sustained at bounce house franchise
The health sector has identified this area as a significant operational issue which will require additional training, investment and review to minimize or eliminate vicarious liability as much as possible.
The litigation raises questions about vicarious liability for criminal breaches of privacy as well as the interplay between PHIPA and common law breach of privacy claims.
~ Under s. 187 of the Traffic Safety Act, a vehicle owner's vicarious liability extends only to the person to whom the owner gives consent to possess the vehicle.
Generally, however, vicarious liability exists such thatany losses and injuries resulting from the conduct of an employed driver should be the burden of the employer.
Tags: Duty of Care, forseeability, Fullowka v. Pinkerton's of Canada Ltd., Intional Torts, Negligently Failing to Prevent Harm by Others, Priest Sexual Abuse Claims, Proximity, sexual abuse civil claims, Supreme Court of Canada, Teacher Sexual Abuse Claims, Third Party Liability, vicarious liability Posted in Sexual Assault Civil Cases, Uncategorized Direct Link Comments Off top ^
Vicarious liability protects injured parties; get yourself protected as well.
Vicarious liability only attaches, however, when the employer might have prevented the act that caused the damage and did not do so.
Write an article on the Home Birth Summit blog page re Vicarious liability, myth vs. reality.
But you still ultimately bear vicarious liability for the actions of your agents on your behalf,» he said.
Eoghan Cameron, BASC council member for Scotland, said: «In recent years there has been a plethora of legislative measures, including vicarious liability, introduced to tackle raptor persecution.
There have been a number of cases across the country that have attempted to expand vicarious liability of companies for exactly these situations.
The presence of an employment relationship limits the employer's vicarious liability by confining it to the duration of the employment relationship.
In General B. Vicarious Liability 1.
Attorneys who specialize in handling motor vehicle accidents involving commercial trucks understand vicarious liability, and how it relates to pursuing the rights of accident victims in court.
Partnerships, by their very nature, invite vicarious liability claims.
We have often acted in such claims involving a Human Rights Act claim and complex issues over vicarious liability.
It's unlikely, I think, that anything said in JGE is going to influence vicarious liability in comomon law Canada for a number of reasons.
This decision confirms that courts are beginning to take a more flexible approach to vicarious liability arguments, at least in the United Kingdom.
The legal principle of vicarious liability states that the actions of the employee are, in essence, the same as those of the employer.
Lord Toulson, giving the unanimous judgment, endorsed the «close connection'test for employer - employee vicarious liability but went on to identify the essence of that test.
Reasons for judgement were released this week by the BC Supreme Court, Vancouver Registry, dealing with the issue of vicarious liability following an assault.
There is broad vicarious liability — which extends to mere acquiescence, including officer and director liability.
This matters, particularly for his civil case, because it could be grounds to assert direct liability — and not just vicarious liability — against the trucking company that employed him.
Another approach is to pursue a claim based on an agency theory (like vicarious liability or respondeat superior).
Vicarious liability refers to the liability of an employer or another responsible party for the actions of another person.