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Articles Posted in Vicarious Liability

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Florida Court Constrains Scope of Employer Relationship in Vicarious Liability Suit

An issue that often arises when an employee harms another during the course of his job is whether the employer can be held vicariously liable for the employee’s act. Indeed, proving vicarious liability is often necessary for assuring that one can acquire full recovery for his injuries, since many employees…

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Florida Fifth District Court of Appeal Affirms in Wal-Mart Negligence Case

Typically, if one were asked to think of an object involved in the commission of a tort, an ornamental vegetable would not spring to mind. However, harm caused by an ornamental pumpkin is at the center of a recent negligence decision from Florida’s Fifth District Court of Appeal, Schwartz v.…

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Supreme Court of Florida Answers Certified Question Regarding Dangerous Instrumentality Doctrine

The dangerous instrumentality doctrine is a long-established principle of tort law. Under this doctrine, a person with a property interest in a vehicle is vicariously and strictly liable for the injuries that result from negligent operation of that vehicle by a person to whom he or she granted custody of…

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