Definiciones Mal Practice

Definitions:

vicarious liability
n. sometimes called "imputed liability,"attachment of responsibility to a person for harm or damages caused by another person in either a negligence lawsuit orcriminal prosecution. Thus, an employer of an employee who injures someone through negligence while in the scope of employment (doing work for the employer) is vicariously liable for damages to theinjured person. In most states a participant in a crime (like a hold-up) may be vicariously liable for murder if another member of the group shoots and kills a shopkeeper or policeman.See also: liability Reference
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vicarious liability

This chapter covers vicarious liability, a doctrine under which a person is held liable for the tort ofanother person. The chapter focuses primarily on the imposition of vicarious liability in business relationships.

The chapter first discusses the nature of vicarious liability, identifies potentialparties, and describes the scope of each person's liability. It examines such liability in terms of an employer, a principal, a partner and a joint venturer, defining and distinguishing eachrelationship, and comparing one with another. While an employer is generally not liable for the torts of an independent contractor, the exceptions to this rule are considered here in the discussion of anemployer's liability for nondelegable duties, inherently dangerous activities and instrumentalities, and abnormally dangerous activities.

negligent supervision

The chapter then provides detailedinformation on the elements of negligent entrustment: (1) the entrustee was incompetent, inexperienced, or reckless; (2) the entrustor knew or had reason to know of the entrustee's condition orproclivities; (3) there was an entrustment of the chattel; (4) the entrustment created an appreciable risk of harm to the plaintiff and a relational duty on the part of the defendants; and (5) the harm to...