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