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In order for such a duty to exist, the injury to the claimant must be "reasonably foreseeable", [4] meaning, for example, that the type of employment must be one in which an unfit employee could cause harm of the type which occurred, [3] and the claimant is the type of person to whom such harm would be a "reasonably foreseeable consequence".
An unfair labor practice (ULP) in United States labor law refers to certain actions taken by employers or unions that violate the National Labor Relations Act of 1935 (49 Stat. 449) 29 U.S.C. § 151–169 (also known as the NLRA and the Wagner Act after NY Senator Robert F. Wagner [1]) and other legislation.
Workers' compensation or workers' comp is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of ...
An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor (alleged wrongdoer). The term negligence, on the other hand, pertains to a tort that simply results from the failure of the tortfeasor to take sufficient care in fulfilling a duty owed, while strict liability torts refers to situations where a party is liable ...
Vicarious liability is a form of a strict, secondary liability that arises under the common law doctrine of agency, respondeat superior, the responsibility of the superior for the acts of their subordinate or, in a broader sense, the responsibility of any third party that had the "right, ability, or duty to control" the activities of a violator.
The exact test a court will use to determine if the veil needs to pierced vary by state in the United States. [4] For sole proprietorships and general partnerships, the liability is unlimited. Unlimited liability means that the owner(s) of the business have the full responsibility of assuming all the business's debts.
Negligent entrustment is a cause of action in United States tort law which arises where one party ("the entrustor") is held liable for negligence because they negligently provided another party ("the entrustee") with a dangerous instrumentality, and the entrusted party caused injury to a third party with that instrumentality.
Sometimes a plaintiff and a defendant are both found to be negligent, but the court allocates full responsibility to the defendant in the interests of policy or justice. For example, in Bexiga v. Havir Manufacturing Corp., 290 A.2d 281 (N.J. 1972), a minor operating a power punch press for his employer had his hand crushed by the ram of the ...
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