Vicarious Liability/Strict Liability

VL:employer is liable for employee's wrong conduct that brings injury. but does relieve employee from liability

has to be w/in scope of employment.

flows naturally from employment

exceptions:

abandonment: have to completely cease working

dual purpose: drugs and working yes VL

Because need to see if employer still has full control of work environment

employer also held liable for NG hiring someone. use BUT FOR ///but for NG hiring

Ind. contractors: VL does not apply

unless employer controls manner of work, tools, material. MANNER & MEANS TEST**

OR completely dangerous activity and hired someone incompetent

non delegate rule: owner who hires cannot delegate duty to employee. statutory duty: if employee brakes statute...still liable

in service of extending employer's business

borrowed servants: depends on which employer had the greatest ability to deter injury or the had the control of the conduct

if just mere detour: instruted to do something but detours temporarily somewhere else=employer still liablt. still has the mission of doing it. if frolic personal issue not liable

not liable for torts

unless the act is fairly and naturally done w/in the business

it is unusual or not part of the context of employment

SL: Even if not @ fault/intentional/reasonable still @ fault

wild animals

SL: livestock trespassing

domesticated: only if does something out of their nature and not propensed to do=NG or knows that they have that tendency

EXCEPTION: if cows strays away in highway not liable

Unusual dangerous hazards

if (hazards) escapes even if no control

nuissance : SL if it escapes or you go to it unknown of harm

Dangerous hazards:

if for own gain and harming someone else=SL

TWO PART TEST

1.) unusual usage

2.)forseeable so dangerous will create harm but even w/reaosnable risk still can happen

exception: if reasonable care minimizes risk less than significant level -NO SL

OR If P contributed no SL

Product Liability

can use NG, SL, or Mis rep but will only recover from one

1.) Manufacture defects: has some flaw in . some products

consumer expectation test: imposes SL when product is defective and unreasonably dangerous. beyond normal.

restatement test: departs from its intentional design even if all possible care was exercised.

defective when it left D's hands

if looking at NG: for conduct use RIL. SL:is for product itself

food products: if reaosnable person will know that the food will not contain that ingredient

2.) design Defects: flaw in design of product. all products.

more dangerous than the ordinary customer would expect

crashworthliness: even if not intended for that use if manufacturer can forsee it happening has to minimize any injury

could have reduced the forseeable risk of harm

risk utility: weighing the risk of design , gravity o f harm, comprared to using another design.

proof of reasonalble alt. design at time available

Warning/Info defects

a manufacturer's failure to provide appro. info about a product may make an otherwise safe product dangerous and defective