Scenario: BUGusa, Inc. (Sally)
Sally may have a successful case against BUGusa, Inc., for what torts? Explain your answer.
Issue
Was Sally injured by her employer due to a Negligence Tort?
Was Sally injured by BUGusa due to the defective product under the Strict Liability Tort?
Rule
Negligence Tort (NT) is an accidental (without willful intent) event that caused harm to another party.
Strict Liability Tort (SLT) is where a tortfeasor may be held liable for an act regardless of intent or willfulness, applies primarily in cases of defective products and abnormally dangerous activities.
Analysis
NEGLIGENCE TORT
Duty: As the employer, the police department owed a duty of care to Sally, its employee.
Breach of Duty: By not maintaining safe equipment and identifying potential defectiveness, the police department failed to exercise reasonable care. …show more content…
Proximate: With Sally performing her duties within the scope of employee of the police department, the employer-employee relationship stands the test of a legal linkage.
Actual damages: Sally physically suffered injuries due to the incident.
The police department will argue that it had a duty to keep its employees safe, however, did not breach that duty, for lack of knowledge of the defective product. The record does not show that the police department knew of the defectiveness, nor that there was a replacement product currently available. Without a breach of duty, all five elements cannot be sustained, and therefore, the police department believes it will prevail.
STRICT LIABILITY TORT (SLT)
Duty and Breach are not elements of a SLT. BUGusa, as the manufacturer, is responsible for a safe product without