Employer Liability Assignment

*I will upload a document that has a scenario you must read it and analyze the legal principles of employer liability  and apply them to this scenario. All answers should be provided in grammatically correct, complete sentences (Times New Roman, 12 font, normal margins). Your explanation should consider the following. *

• Based on the facts provided, which type of liability could apply to the Ducks in this situation: vicarious (respondeat superior) or direct (negligent hiring, negligent retention, negligent supervision)? explain why this type of liability could be applicable in this situation. (6 points)

• Now that you have identified the area in which the Ducks might be liable, do you think that the Ducks are liable in this situation? What are the key facts in this case that led you to your conclusion? (6 points)

• How is this case different from Smith v. Gardner case considering liability? (4 points)

• Based on this incident, what policies or guidelines might the Ducks put in place to prevent a similar accident from happening in the future? (4 points) *

Info that can help: Liability in this context is created in two different ways: Vicarious Liability and Direct Liability.

Vicarious Liability exists merely by virtue of the employee/employer relationship. Your text discusses several policy reasons why as a society and as a matter of public policy, we are willing to hold an employer liable when an employee causes harm or injury to a person or property. You should read over those policy justifications and think about the justification for holding employers liable and become familiar with when and how vicarious liability exists.

Direct Liability exists when the employer organization has acted negligently. Obviously, organizations cannot act independently, i.e. they are always acting through their representatives and employees. This theory of liability is investigating our organizational practices and policies related to our employees (what did we know, what should we have known, and when did we know it). This knowledge about our employment practices and employees' behavior carries with it a duty as an employer to act reasonably to remove foreseeable risks. 

Direct Liability can take three different forms: Negligent Hiring; Negligent Retention; and Negligent Supervision.