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18 Cards in this Set
- Front
- Back
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A private or civil wrong or injury, other than a breach of contract, suffered by an individual as the result of another person's conduct |
Tort |
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Three levels of tort |
- Intentional - Reckless misconduct/willful and wanton - Negligence |
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Unintentional tort that causes injury to a person in the form of physical injury, property loss, or reputation |
Negligence |
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Omission vs. Commission |
Omission = should have but didn't do
Commission = did but shouldn't have |
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Four Elements of Negligence |
- Duty - Breach of duty - Proximate cause - Damage or harm
ALL must occur or be proven |
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Three sources of duty |
- Inherent relationship (parent/child)
- Voluntary assumption (obligation to perform using appropriate standard of care
- Statutes (specify duties of on party to another, Negligence per se) |
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Established by showing that a person of ordinary intelligence and circumspection reasonably should have been able to predict the consequences of an action or a failure to act |
Foreseeability |
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Administrative/supervisory negligence |
Liable for their own negligence but not for the negligence of subordinate personnel |
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Corporate entity liability |
- Doctrine of respondeat superior (vicarious liability)
- Can be liable if employee was acting within the scope of their responsibilities and committed simple negligence |
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Acts that are beyond the scope of the responsibilities and authority of the employee and these acts relieve the corporate entity of liability via respondeat superior |
Ultra Vires Acts |
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Limiting Corporate Liability by Contract |
- Lease facilities
- Independent contractors
- Indemnification agreement
- Waivers |
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Legal Obligations of a Safe Premise |
- Duty of Inspection - Duty to remove or repair dangerous conditions - Duty to make the facility reasonably safe - Duty to warn of hidden dangers (open and obvious) |
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Occurs when the employer knows or should have known of an applicant's dangerous or violent propensities, hire the individual, and give the employee the opportunity to repeat such violent behavior |
Negligent Hiring |
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When an employer fails to discharge an employee when there are indicators of an employee being unfit as related to criminal or psychiatric attributes |
Negligent Retention/Supervision |
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A tort recognizing a past employer's responsibility to warn a prospective employer of the abusive or violent behaviors of a past employee (passing the trash) |
Negligent Referral |
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Risks that are created by provider behavior that is greater than negligence |
Enhanced risks |
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May be intervening act/cause. Must be independent of the original act, capable in itself of creating the injury, and must not have been foreseeable by the party committing the first act |
Proximate Cause |
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Compensable injury |
- Economic loss - Physical pain and suffering - Emotional distress - Physical impairment |
