Tort. Module 4

Tort Liability Basics: Strict, Vicarious, and Joint Liability
Strict Liability 
Strict liability torts, which do not require a finding of intent or negligence, are primarily confined to ultrahazardous activities and product liability cases. An activity is ultrahazardous if it is so inherently dangerous that even the highest degree of care will not eliminate the risk of harm. If someone is injured because of such activity, the defendant is liable regardless of the level of care he or she exercised. In determining whether an activity is abnormally dangerous so as to give rise to strict liability, a court will consider the
(a) existence of a high degree of risk of some harm to the person, land or chattels of others;
(b) likelihood that the harm that results from it will be great;
(c) inability to eliminate the risk by the exercise of reasonable care;
(d) extent to which the activity is not a matter of common usage;
(e) inappropriateness of the activity to the place where it is carried on; and
(f) extent to which its value to the community is outweighed by its dangerous attributes.

Restatement (Second) of Torts § 520.
Vicarious Liability Vicarious liability imposes liability on one person for a tortious act committed by another. There are a number of contexts in which this arises.
Respondeat Superior
 Under the doctrine of respondeat superior, an employer is liable for an employee's torts, including intentional torts, if the employee was acting within the scope of employment. To establish that the employee's conduct was within the scope of employment:
(1) the conduct must have occurred substantially within the time and space limits authorized by the employment;
(2) the employee must have been motivated, at least partially, by a purpose to serve the employer; and
(3) the act must have been of a kind that the employee was hired to perform.

Independent Contractors
 In contrast, a defendant who engages an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is a person who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, over the manner and means of performing the services. However, this exception does not apply to ultrahazardous activities or nondelegable duties. A duty is nondelegable if a defendant is directed by a statute, ordinance, or safety order to provide certain safeguards or precautions or to maintain certain equipment in a specified condition.

Joint and Several Liability
 If two or more defendants are found liable for an indivisible injury, the defendants will be held jointly and severally liable. This means that each defendant is liable for the entire award regardless of the individual degree of fault. Because a so-called "deep pocket" defendant may be held liable for an entire damage award even if such a defendant is only fractionally liable, California has modified the doctrine of joint and several liability for personal injury cases. To apportion financial liability closer to the degree of fault, California does not apply several liability for non-economic damages.