Liability, SOV IMM Flashcards
Can you sue LG for negligence?
LG LIABILITY ----------- Yes - for the negligent acts or omissions of its officers or employees committed within the scope of their authority. --- 1983 has NO respondeat superior.
When can LG employee be sued individually?
INDIV LIABILITY ----------- Sued indiv ain't driving a BMW ----------- If acts committed: 1) in Bad faith 2) w/ Malicious purpose 3) Wanton + willful disregard of human rights, safety, or property.
Can you sue LG employee individually for negligence?
INDIV LIABILITY ----------- sued indiv isn't driving a BMW ----------- Only if harm was intentionally caused. 1) Bad faith 2) Malicious 3) Wanton, willful
COVID ----------- NEW - 2021 ----------- What are the parameters of the new 768.38 protections for businesses, re: COVID claims.
COVID ----------- NEW - 2021 ----------- Protected if they made a good-faith effort to follow guidelines to prevent the spread of the coronavirus.
COVID ----------- NEW - 2021 ----------- What must COVID plaintiff include in its complaint?
COVID ----------- NEW - 2021 ----------- Medical causal connection affidavit. ----------- Plead w/ specificity and accompanied by an affidavit of a physician attesting to the physician’s belief that the injury at issue was the result of the defendant’s acts or omissions.
What must you show to sue LG for negligence?
LG LIABILITY
(a) Negligence caused injury;
(b) Injury can be compensated by money; &
(c) A private party would be liable under same circumstances.
What are the financial limits on recovery when suing LG for negligence?
$200,000, or $300,000.
No punis or interest.
What is S/L to sue LG in negligence?
LG LIABILITY ----------- 6 mos = NOC to DFS for contrib 1 = P+P statutory bond 2 = NOC to DFS for med mal/ wrong death 2/3 = MESs 3 = NOC to DFS for tort 4 = Torts + oral Ks + taking. 5 = written Ks (inc common law bonds [FS 95.11 (2)(b)]) + improper ordinance
We know you can sue LG for EE’s negligent conduct w/i scope of work.
When specifically can ER not be liable?
1983 specifically excludes respondeat superior.
Why? b/c sue only for custom or policy (focus on the entity).
– Only sue individs in their official capacity.
———–
1. Only Officials acting under color of law.
2. Official’s act (its custom/policy) = cz.
3. No respondent superior (can’t sue b/c LG employed a discriminator.)
