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.

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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