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Types of Liability

Types of Liability. CLU3M: Civil Law The Last Lesson!. Special Types of Liability. Negligence is the broad term for any type of tort law Within negligence are various types of liability, each of which have their own standards of care and in some cases their own legislation

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Types of Liability

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  1. Types of Liability CLU3M: Civil Law The Last Lesson!

  2. Special Types of Liability • Negligence is the broad term for any type of tort law • Within negligence are various types of liability, each of which have their own standards of care and in some cases their own legislation • Each of the groups are therefore subject to different rules: manufacturers, property owners (or those who occupy property), people who serve alcohol, car and pet owners and those who work with materials that could pollute the environment • All have a higher standard of care or are subject to a wider duty of care than the average person

  3. Product Liability • Manufacturers have to meet a higher standard of care in order to prevent injury to consumers who use their products- due to Donoghue v. Stephenson • For manufacturers- their standard to meet: • The design of the product is free from harmful effects • The product is properly manufactured • The consumer is informed about how to use the product safely • The consumer is warned of risks associated with using the product • Lambert v. Lastoplex Chemicals 1972 SCR 569

  4. Vicarious Liability • One person is liable for damages even though that person did not cause the plaintiff’s injury • Employers held responsible for the actions of their employees • Mechanic shop • Taxi company • School Board?

  5. Strict Liability • The defendant is automatically negligent due to the danger of the situation • Fires or vicious animals • Toxic waste or the escape of dangerous fumes • Strict liability often relates to dog owners- depending on the province- if a dog bites a person, the owner can claim no defence* • Environmental protection laws

  6. Occupier’s Liability • People who pen or occupy property have a duty to maintain their property so that no one entering the premises is injured. • Renters are considered occupiers and they also owe a duty of care to people entering their premises • The courts make a distinction between the purpose of someone’s presence on your property and the standard of care that you owe them • There are three types of visitors on your property

  7. Occupier’s Liability • Invitee- a person who has been invited on the premises for a business purpose- ex. A person delivers your new furniture in an invitee- you owe this person the highest standard of care • Licensee- someone such as a friend, who may or may not have been invited to your home for a particular occasion but has your express or implied permission to visit socially • Trespasser- someone who has no legal right or permission to be on your property- burglars, stalkers, and vandals are examples (intent)

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