2.12 notes

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University of Iowa**We aren't endorsed by this school

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SRM 3151

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Law

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Dec 17, 2024

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Uploaded by BailiffCrow18699

2.12 notesLiabilityLegally responsible, fault in a civil case.3 categories of people that can be held liable.1.Employees/service personnel.a.This is usually the person who committed the negligent act. Has direct contact with the plaintiff. 2.Administrative.a.Typically have power over the negligent employee.i.Usually not liable unless they fail to perform their managerial obligations.3.Corporation/employera.Governing body of the organization. May be held liable if the employee causes injury through ordinary negligence, and the employee was acting within the scopeof their authority and responsibility.Vicarious liabilityIf an employee commits ordinary negligence while furthering the employer’s enterprise, the employer and employee can be held liable.Why do companies prefer independent contractors over employees?If an injury occurs due to negligence from an independent contractor, the liability is shifted from a corporate entity (employers) to the independent contractor. By doing this the corporate entity avoids much of the liability by offering an activity.Limiting organizational liability.Lease agreementsoMany activities involve facility leases.Owners that lease out their facility are usually liable for negligence damages resulting from the facility. But not liable for activities that are under control of the group leasing the facility.Independent contractors.oEmployers can be held vicariously liable for the negligent actions of employees.Don’t have to worry about liability with independent contractors.Indemnification agreements.oSays we agree to pay for any damages we cause.oMost lease agreements include indemnification agreements and insurance requirements.WaiversEmployee vs independent contractor.EmployeeoHired for a position, paid a set wage, trained by employer, has ongoing work schedule, required to perform their work as directed by employer.Independent contractoroPaid an agreed sum for a specific project, freedom to do the job their way if the final product is delivered, bring their own equipment to the job, few restrictions imposed by the employer when the job is done.

Spearman vs. Shelby County Board of Education6thgrade tryouts.Coach told students to move, and he threw the shot, but the students hadn’t moved far enough away.Hit a kid in the head.Coach admitted he should’ve had them behind him.Court decided.oCoach acted in the scope of his employment duties.oActed negligently.oHis actions were the proximate cause of the damages.oSchool was held vicariously liable for the coaches’ actions.