Employer Flashcards
(31 cards)
What is vicarious liability in a hospital setting?
When the hospital is responsible for the negligence of its employee, such as a surgeon.
What is primary or systemic negligence?
When the hospital itself is at fault, e.g. poor resources or hiring an unqualified surgeon.
What is a non-delegable duty of care?
A duty where the hospital must ensure care is taken, even by independent contractors.
Give an example of primary negligence.
Failure to properly vet, train, or supervise staff.
What case showed primary negligence for poor firearm control?
Virgin Islands – state liable for poor controls, not vicariously for off-duty shooting.
What case sets the test for a non-delegable duty of care?
Woodland v Essex.
When does a non-delegable duty arise? (Criterion 1)
The claimant is especially vulnerable or dependent.
When does a non-delegable duty arise? (Criterion 2)
There is a pre-existing relationship between claimant and defendant.
When does a non-delegable duty arise? (Criterion 3)
The claimant has no control over how the task is performed.
When does a non-delegable duty arise? (Criterion 4)
The task is a central part of the defendant’s duty.
When does a non-delegable duty arise? (Criterion 5)
The contractor was negligent in that exact task.
What is the example of NDDC from Woodland?
A child injured during school swimming lessons with an independent contractor.
What did Hughes v Rattan decide?
Practice owners can be liable for self-employed clinicians.
Why was NDDC rejected in Armes v Nottinghamshire?
Because care was the foster parents’ duty, not the council’s.
What case defines employer’s duty of care?
Wilsons and Clyde v English.
Is the employer-employee duty a recognised duty?
Yes – no Caparo test needed.
Is employer’s liability strict?
No – it is based on reasonable care.
Is this a non-delegable duty?
Yes – employers are liable even if safety is outsourced.
What is the duty to provide a safe workplace?
Includes premises and regular off-site locations.
What is the duty to provide safe equipment?
Employer must supply and train workers on safe equipment.
What is the duty to provide a safe system of work?
Includes proper procedures and managerial control.
What is the duty to provide competent colleagues?
Employers must not hire negligent or dangerous coworkers.
What happened in Davie v New Merton?
Employer not liable when supplier negligently supplied faulty equipment.
What did the 1969 Equipment Act change?
Holds employers liable for defective equipment supplied by third parties.
