notes3 - Some Special Negligence Rules: - Worker's...

Info iconThis preview shows pages 1–2. Sign up to view the full content.

View Full Document Right Arrow Icon
- Worker’s Compensation Laws : state laws establishing an administrative procedure for compensating workers for their workplace or work-related injuries that arise out of, or in the course of, their employment, regardless of fault. 1. Generally speaking, compensable injuries must be accident; intentionally inflicted injuries are normally excluded. 2. Because of worker’s compensation laws – you CAANOT sue your employer for workplace or work-related injuries unless you suffer a “grade injury” a) Grave injuries are rare and even what we could normally consider to be an awful injury may not be considered “grave” under law” (example: you lose your arms, you cannot work at ALL) 3. Worker’s compensation covers your compensatory loss. Cyber Torts: an on-line message attacking another person or entity in harsh, often personal, and possibly defamatory terms. On-line defamation is difficult to combat because: - The Communication Decency Act of 1996 absolves Internet service providers (“ISPs”) from liability for disseminating defamatory material. - The internet affords users a high degree of anonymity to the person who posted the defamatory message. Spam: Bulk, unsolicited e-mail or newsgroup postings – usually an advertisement for the spammer’s product or service sent to all users on an e-mail list or newsgroup. - Some states have begun to regulate or prohibit the use of spam. Product Liability Negligence: a manufacturer’s, seller’s, or lessor’s liability to consumers, users, and bystanders for physical harm or property damage that is caused by a product. - A manufacturer is liability for its failure to exercise due care to ANY person who sustained an injury an proximately caused by the manufacturer’s negligence in: 1. Designing the product. 2. Selecting the materials to be used. 3. 4. Assembling and testing of the product, and 5. Placing adequate warnings on the product informing the user of dangers of which an ordinary person might be aware. Product Liability: Misrepresentation: a manufacture may also be liable for any misrepresentations made to a consumer or user of its product if the misrepresentation causes the consumer or user to suffer some injury. - To be actionable, a misrepresentation must be made knowingly OR with reckless disregard for the facts. Liability can also arises from an omission and/or concealment of the facts. - The misrepresentation or omission must also be made with the intent that the consumer or user rely on it and they did in fact rely on it to their detriment. Strict Liability: liability regardless of fault. Strict liability is imposed on defendants whose activities are abnormally dangerous or involve dangerous activities or whose products are defective. 1.
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Image of page 2
This is the end of the preview. Sign up to access the rest of the document.

Page1 / 9

notes3 - Some Special Negligence Rules: - Worker's...

This preview shows document pages 1 - 2. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online