Liability. Under the law there are several types of liability Product liability Occupier’s...
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Transcript of Liability. Under the law there are several types of liability Product liability Occupier’s...
Liability
Under the law there are several types of liability Product liability
Occupier’s liability Children Who Trespass Hosts Vicarious Liability Automobile Liability Strict Liability
Depending on circumstance and the number of people involved A case can be brought forward on an
individual or a group Sue a manager of a store of the chain of stores
Product liability Donoghue v. Stevenson (1932)
established that companies had liability when it came to their products
It established that a company had a standard of care in relation to how their products were made / consumed.
© Pearson Education Canada Inc. Permission to reproduce this image restricted to purchasing schools. Contents
Figure 19.6 Implied Conditions, p. 505
Occupier’s liability Anyone who owns or rents a property has to exercise a
duty of care to people entering that they will not be harmed
To determine how to conduct apportionment or to determine liability the law classifies those people who enter a premises
Licensee: someone who is invited on the property for specific economic purpose (delivery guy)
Invitee: someone who arrives uninvited either socially for as a customer
Trespasser: someone who has no right to be on the property
There has been legal arguments over the differences between a licensee and an invitee
Some provinces (like Nova Scotia) have merged the level of care expected from either
Children who trespass It is accepted that children will be
attracted to certain things and it is up to the owner to deter access to them (empty lots, pools)
Hosts Covers anyone serving alcohol either in
at their own home or in licensed setting It is the owners responsibility to ensure
visitors do not over consume This issue of the duty of care has been
challenged by private citizens and has not been definitively been resolved
Vicarious liability Is legally defined as the legal
responsibility for the negligence of another person Commonly applied in the workplace
A mechanic who is not properly trained “fixes” a customers car. The customer gets into an accident. They can sue the mechanic and the garage for not ensuring the proper training for their staff.
Automobile liability
Covers a wide variety of behaviours that may cause
injury or accident
Strict liability
Occurs when the action being performed is inherently dangerous
Does not require to directly prove negligence Dog bites, toxic spills
With dog bites the owner though may counter with other statutes that allow arguments of the victims behaviour to be used
Provocation