Another, related doctrine to vicarious liability is that of negligent hiring, in which an employer does not take reasonable precautions to do appropriate background checks of the employee. If a hospital hires a nurse without the necessary qualifications, the hospital may be found liable for any errors the employee performs. However, the hospital might be found vicariously liable if it hires a qualified nurse, but expects the nurse to labor under unreasonable circumstances, such as working back-to-back shifts repeatedly with a skeleton staff, or has the nurse perform her duties with improperly maintained medical devices.
The need for the doctrine of vicarious liability is manifest in the fact that it is necessary for employers to be held liable for the consequences of their policies and not blame their own imprudent actions, conducted in the name of profit, to improve their bottom line. Simply put, it is not fair to hold a teenage employee liable for improper food safety regulations imposed upon him by his or her superiors. Additionally, at times an employee may not have full knowledge of the consequences of his or her actions. Lower-level employees at Enron, for example, did not understand the scope of the fraud that their company was perpetrating.
In general, injuries related to work fall under the scope of worker's compensation law, not under the doctrine of vicarious liability. Employers are also not considered liable for employee actions such as fighting and harassment that are undertaken by the employee's own initiative (Vicarious liability, 2011, West's Encyclopedia of American Law). For the doctrine to apply there must be a close connection between the employer and the individual acting as his or her agent.
However, employers should not be complacent, and simply assume...
Vicarious Liability Case This present study is a vicarious liability case assignment and it is divided into two primary sections. The first section aims at distinguishing between corporate criminal liability and tort law vicarious liability resulting from the negligence of a health care organization's employee. The second section defines and discusses apparent agency and then states the impact status of the agent/employee vs. independent contractor has on analysis of liability. Corporate criminal
The subchapters tend to follow similar structures, with the punishment in each case being discussed at the very end. Chapter 10 refers to crimes against habitation, notably criminal acts such as burglary or arson. The conditions for a criminal act of this nature to occur are discussed, as well as the different statutes that regulate the legal framework for each of these situations and the punishments applicable. Important restrictions apply
The benefit of creating the term at this point is that lawmakers and prosecutors and defense lawyers will all be aware of the growth of the term as it moves through the judicial birth canal and is delivered in its full meaning, with all its parts in working order and ready to be tested at trial. Draft Corporate Manslaughter Bill Important as the corporate manslaughter bill is to many people, it
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Employment Discrimination and Globalization Entity type and location. This business start-up, registered as Sexy Shoes for Her, Inc., is a single-member Limited Liability Company taxed as a corporation (IRS, 2011). All stock is held by the principle and by members of the principle's immediate and extended family, such that, even though the firm is not a corporation, its membership resembles that of a closely-held corporation. The organization process has been completed,
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