Sentences with phrase «vicarious liability theory»

According to the court, New Mexico law allows punitive damages to be awarded based upon both a direct and vicarious liability theory.

«Respondeat superior» is a vicarious liability theory that makes an employer liable for certain torts of their employees.

A defendant may be liable under a vicarious liability theory if the plaintiff demonstrates «(1) direct infringement by a primary party, (2) a direct financial benefit to the defendant, and the right and ability to supervise the infringers.»

Not exact matches

Although the vicarious liability provision does not apply to harassment in employment, there is long - established case law of the Tribunal which supports that liability for harassment by an employee can be imposed on an organization respondent where the harassing employee forms part of the «directing mind» of the organization respondent, on the basis of the «organic theory of corporate liability.»

Another approach is to pursue a claim based on an agency theory (like vicarious liability or respondeat superior).

You have been sued, even though you were not the driver, because of the legal theory of vicarious liability.

When suing an employer for the conduct of their employee, the Perrysburg nursing home abuse lawyer has to use the theory of respondeat superior or vicarious liability.

Allstate denies Araujo third - party coverage and brings two motions for summary judgment: one to dismiss Fernandes» claim as against Almeida (based on a theory of vicarious liability), the other to dismiss Araujo's claim on the ground she was not entitled to coverage (as she drove the ATV without a proper licence).

A legal theory known as «vicarious liability» is what typically makes employers responsible for accidents their employees cause.

The plaintiff sustained serious injuries in the accident and filed a personal injury case against the Department under the theory of vicarious liability.

In order to succeed in a truck accident case against an employer, a plaintiff can rely on the theory of vicarious liability.

In general, the FTCA relates only to the vicarious tort liability of the entity, the United States government, on a respondeat superior theory, arising from an agency or employment relationship some some other person or entity that acts on its behalf.

The hospital was named as a party defendant under the theory of vicarious liability for the alleged negligence of Mizyed's treating physicians.

A copyright - owning plaintiff must still establish the elements of infringement against the service provider — whether for direct infringement or under a theory of secondary liability (like vicarious infringement)-- even if the defendant does not find itself within the DMCA safe harbor.

The Seller then sued the Brokerage on the theory of vicarious liability for the breach of fiduciary duty and fraud by its salesperson Fogleman.