Mbe Florida -- Torts -Vicarious Liability, Co-Df Rpby, Wrongful Death, Consortium Loss

Front 1

What are the four relationships where the passive party may be liable for actions of the tortfeasor?

Back 1

-- employer & employee
-- hiring party & independent contractor
-- car owner & authorized driver
-- parents & children
-- (Florida) tavernkeeper & customer

Front 2

When is an employer vicariously liable for torts of its employees?

Back 2

-- if the torts are committed within the scope of employment
-- respondeat superior

Front 3

For purposes of vicarious liability, when will a detour be considered within the "scope of employment" ?

Back 3

-- detours (small deviations from the work) within scope
-- frolics (major detours) are NOT within scope of employment

Front 4

For purposes of vicarious liability, in what circumstances will intentional torts be considered within the "scope of employment"?

Back 4

generally not, but exception where
-- force is part of the job description (bouncer)
-- job involves inherent friction (e.g., bill collector)
-- done to serve the master (employer's) purposes (e.g., over-zealous employee tackles alleged shoplifter)
-- NOT employee punches you because doesn’t like you

Front 5

NY trucker en route to LA. After leaving scheduled highway route, trucker runs red light & injures X.
What are the consequence if:

Back 5

-- stop at diner: detour is within the scope of employment; therefore employer liable for X injury
-- stop in Phoenix to visit Mom: frolic (major detour) not within scope; therefore employer not liable

Front 6

When is a hiring party liable for torts of independent contractor?

Back 6

-- general rule: no vicarious liability
-- exception: land occupier is vicariously liable if an independent contractor hurts an invitee
-- WHY? because land occupier has a non-delegable duty of care to his invitees

Front 7

Owner of 24-hour store hires painter X to paint store.
-- While on break from painting job, X runs red light injuring PF
-- X knocks paint off ladder hitting PF on head
Is Owner liable for X's torts?

Back 7

-- Owner has no liability for X's injury of pedestrian PF
-- Owner has vicarious liability for X's injury of invitee inside owner's store

Front 8

In MBE land, when will a car owner be vicariously liable for driver's accident?

Back 8

-- if you are on an errand for owner, then owner vicariously liable
-- WHY? relationship is akin to principal / agent

Front 9

In Florida, when will a car owner be vicariously liable for driver's accident?

Back 9

-- "permissive use" rule: owner liable for any accident by authorized driver
-- regardless if driver exceeds scope of consent (e.g., authorized for single errand only)

Front 10

In MBE land, when are parents vicariously liable for children's torts?

Back 10

-- (MBE) NEVER

Front 11

In Florida, when are parents vicariously liable for children's torts?

Back 11

-- under the statute providing civil remedy for theft
-- parents (or legal guardians) of child who commits theft may be liable for 3x victim's damages

Front 12

In Florida, when are tavernkeepers vicariously liable for customer's torts?

Back 12

not liable where sell to of-age customer
x: if knowingly sell to habitual addict, then may be liable
x: if willfully sell to minor, then may be liable

Front 13

Exam Tip: when you see any of the four relationships, need to ask...?

Back 13

is the passive party (employer, parent, car owner) DIRECTLY liable for the injury?

Front 14

Parent leaves loaded gun on table. His 9yo son takes gun outside and shoots neighbor.

Is parent vicariously liable for child's actions?

Back 14

-- Parent is directly liable for Negligent Entrustment
-- common bar exam trick: use parent-child facts to distract you !

Front 15

Car Owner lets his drunk friend use his car to drive home. Friend injures PF in head-on collision.

Is car owner vicariously liable for friend's actions?

Back 15

-- Car Owner is directly liable for Negligent Entrustment
-- common bar exam trick: use parent-child facts to distract you !

Front 16

Employer hires employee without background check. Employee, who has extensive past assault record, assaults a patron.

Is employer vicariously liable for employee's actions?

Back 16

-- Employer is liable for negligent hiring
-- Florida: if employer does background check, then employer presumed not to have been negligent in hiring employee
-- common bar exam trick: use parent-child facts to distract you !

Front 17

(MBE) Where there are multiple co-defendants, what is the general rule for economic reconciliations?

Back 17

-- defendant that pays entire PF award entitled to $ (economic reconciliation) from co-defendants equal to %s set by jury
-- limited exception where 100% indemnity available

Front 18

Where there are multiple co-defendants, when is 100% indemnity available?

Back 18

-- vicarious liability: where out-of-pocket defendant is vicariously liable only, then out-of-pocket defendant has right of 100% indemnity against the active tortfeasor
-- in a strict liability products case, any party other than the manufacturer (e.g. a retailer) can get indemnity from the manufacturer

Front 19

(Florida) Where there are multiple co-defendants, in what cases will economic reconciliation occur?

Back 19

-- the need for economic reconciliation arises ONLY where defendants held jointly and severally liable
-- in Florida, joint and several liability applies ONLY in intentional tort cases
-- FOR intentional torts only, out-of-pocket defendant can obtain (i) economic reconciliation and/or (ii) indemnification for his vicarious liability
-- FOR all other cases, defendants pay only the damage award equal to assigned % fault

Front 20

PF's damages are 100K. The fault %s for the three co-defendants are A 50, B 30, C 20
B pays 100K (100%).

-- How much can B get from C?

Back 20

B can get 20K from C.

Front 21

When are governments (fed, state, municipal) immune from tort liability?

Back 21

-- when government is engaged in traditional governmental activities
-- involving discretionary decision making
-- ALSO: public duty doctrine: no liability where government actor owes duty to public as a whole, rather than to anyone individual

Front 22

When are governments (fed, state, municipal) NOT immune from tort liability?

Back 22

-- government liable when engages in routine, non-discretionary, and/or proprietary acts
-- "proprietary acts": those acts of a private business

Front 23

Governor hesitates for 72-hours before sending in National Guard to quell riot. Store owner's business is destroyed.

Can store owner sue government or Governor for failing to deploy force?

Back 23

-- deployment is a is traditional governmental function, involving a discretionary decision
-- therefore state government and governor personally are not liable

Front 24

Mugged on metro in area with repeated and continuous crime complaints.

Can victim sue city for inadequate police protection?

Back 24

-- public duty doctrine: cannot be liable where government actor owes duty to public as a whole, rather than to any one individual
-- therefore, victim will lose

Front 25

State of California operates a residence hall at UCLA. Banister collapses injuring student.

Can student recovery for his injuries?

Back 25

-- government liable when engages in routine, non-discretionary, and/or proprietary acts
-- "proprietary acts": those acts of a private business

Front 26

FBI agent driving in government car to FBI appointment. FBI agent runs red light, injuring PF.

Can PF recover from government?

Back 26

-- government liable when engages in routine, non-discretionary, and/or proprietary acts
-- gov't employee has no discretion to run red light; therefore. government liable

Front 27

What is the workers' comp immunity?

Back 27

almost all employees are entitled to workers comp benefits for injuries sustained on the job
the trade-off for the insurance benefit: workers comp is your exclusive remedy (cant sue employer)
if injury caused by machine work, can sue machine manufacturer, just not your employer

Front 28

What is the analysis for family & charitable immunities?

Back 28

they have been abolished
permissible to sue family members
permissible to sue charities

Front 29

When does loss of consortium apply?

Back 29

if a tort victim is legally married
the uninjured spouse also gets separate & independent COA against the tortfeasor

Front 30

What does the loss of consortium COA entitle PF to?

Back 30

three components of damage
-- loss of services (e.g., do laundry, cook, mow); cost to hire replacement
-- loss of society (companionship);
-- loss of sex