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The Liability Risk

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Tort legal wrong money damages ... While operating grandpa's riding mower, the 12 year old dumped his playmate off the back. ... – PowerPoint PPT presentation

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Title: The Liability Risk


1
The Liability Risk
  • Examples

2
Outline
  • Basis of legal liability
  • Law of negligence
  • Imputed negligence
  • Res Ipsa Loquitur
  • Specific applications of the law of negligence
  • Special tort liability problems
  • Reforming the civil justice system

3
Basis of legal liability
  • Tort legal wrong money damages
  • Breach of Contract civil wrong money damages,
    injunctive relief, penalties or fines, specific
    performance
  • Crime penalties, fines, incarceration, death

4
Torts
  • Intentional tort
  • Absolute (or strict) liability
  • Negligence failure to exercise care required by
    law to protect others from unreasonable risk of
    harm

5
The old barn aint what it used to be
  • A farmer, discouraged and angry because of
    frequent break-ins into his barn, rigged up a
    shot-gun and locked the door behind him. Next
    thing he knew, the would-be burglar had suffered
    serious permanent injuries to his knees and legs.

Intentional tort
6
Law of Negligence - Elements of negligent act
  • Duty of care
  • Failure to exercise proper degree of care (or
    failure to perform that duty)
  • Damage or injury
  • Causal link between failure and results, without
    intervening cause, discontinuity

7
The Potato Gun
  • At his sons birthday party, Dad realized that
    the potato gun was not functioning properly. He
    put it away in a closet. One of the guests found
    it, and was injured while using it.

invitee
8
Law of Negligence -Proximate cause
  • Unbroken chain of events
  • Directly resulting in injury or damage
  • No intervening cause
  • (or discontinuity)

9
The hay-rack ride
  • The law firm was having its annual autumn
    chili-fest. During the hay-rack ride, the tractor
    took a turn too tightly, running the wheels of
    the rack into a guy-wire, resulting in the upset
    of the rack and several prominent guests were
    dumped onto the ground. Injuries resulted.

Assumption of risk?
10
Law of Negligence Defenses
  • Contributory negligence
  • Comparative negligence
  • Last clear chance
  • Assumption of risk

11
Slip sliding along
  • Two men were found dead at the scene of a
    snow-mobile accident. One apparently was
    operating the snowmobile, and the other was
    standing at a distance, on the iced-over lakebed,
    directly in front of the operator, in order to
    most effectively and accurately clock his
    speed.

Contributory negligence
12
Imputed Negligence
  • Employer-employee
  • Vicarious liability
  • Family purpose, joint business venture
  • Dram shop

http//www.msbo.org/links/irsguidelines.shtml
13
Rider mower accident
  • While operating grandpas riding mower, the 12
    year old dumped his playmate off the back. Her
    legs were caught under the blades. She has
    serious permanent scars.

Family purpose
14
Res Ipsa Loquitur
  • The thing speaks for itself
  • Wrong tooth extracted
  • Sponge in patient
  • Requirements
  • Event doesnt normally occur in absence of
    negligence
  • Defendant has exclusive control over the
    instrumentality causing the accident
  • The injured party has not contributed in any way
    to the accident

15
Specific Applications of the Law of Negligence
  • Property Owners
  • Attractive Nuisance
  • Owners and Operators of Automobiles
  • Governmental Liability
  • Charitable Institutions
  • Employer-Employee Relationships
  • Parents and Children
  • Animals

16
Construction site
  • A child was seriously injured while operating a
    bob-cat left unattended at the site of
    residential construction.

Attractive nuisance
17
Security
  • There had been several reports of women being
    approached in a menacing manner, over the span of
    several evenings, at an apartment complex. The
    landlord did nothing to warn its residents and
    guests. A resident was then raped in her bedroom.

Duty owed
18
The nurse
  • On the way to the grocery store for her employer,
    a private duty nurse accidentally ran a red
    light, while driving her employers auto. The
    result was damage to another car and serious
    injury to its driver.

Imputed liability
19
Special Tort Liability Problems
  • Products Liability
  • Professional Liability
  • Directors and Officers/Corporate Governance
  • Employment Practices
  • Other Problem Areas
  • Tort Reform

20
Glaucoma
  • A patient loses her eyesight.
  • She alleges that her optometrist should have
    caught the disease in her past visits for
    professional service.

malpractice
21
Broken tooth
  • The patron of a local eatery alleges that his
    crown was cracked, due to a foreign object in his
    dinner.

Products liability
22
Error in design
  • The second floor of a newly constructed building
    was inadequate to handle the weight of production
    machinery. It collapsed, injuring employees and
    guests.

Engineering/architectural
23
Resources
  • Non-profit risk management (2001)
  • This electronic publication provides up-to-date
    information on state volunteer protection laws,
    as well as federal law. It will have comparison
    tables for state volunteer protection laws, an
    analysis of liability limitations for volunteers,
    and other information and features
  • How the limits apply in CGL (courtesy IRMI)
  • All insurance professionals need to understand
    how the limits of liability apply in the
    commercial general liability policy. Whether
    providing advice to a policyholder regarding the
    purchase of limits or in complying with the
    underlying requirements of an umbrella or excess
    liability policy, a working knowledge of how much
    will be paid is crucial.
  • Legal encyclopedia
  • Cars Tickets
  • Buying, Leasing or Renting a Car
  • Getting Your Car Repaired or Replaced
  • Driving
  • Traffic Tickets
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