Motor Vehicles 2015

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1. Negligence Failure to exercise ordinary care, which a 16. Defenses Compliance was impossible, or some emergency
reasonable person is expected to use under to justified violation of the statute and the violation
same or similar circumstances. Negligence was reasonable under the circumstances.
Per Se
2. Elements of Duty, breach causation (actual and
Negligence proximate), damages. 17. Proximate The cause of P's injury cannot be too remote with
Cause respect to D's action. Considers time and scope,
3. Rules of the Both sides want to establish they were
and asks if the second action was done within a
Road following. If no rule of the road for a
close enough time period.
particular situation, standard of care needs
to be established. 18. Breaks the Intervening and superseding causes break the
chain of chain of causation and relieves D of liability.
4. Duty Threshold of negligence, a person has a
causation
duty to exercise reasonable care (objective),
under same or similar circumstances 19. Eggshell A negligent D is liable for resulting harm even if
(subjective), to protect others from Skull the harm is increased by the particular P's
unreasonable risk of injury. Doctrine condition at the time of the negligent conduct.
Even if the extent of P's injuries is unforeseeable,
5. Breach Second prong of negligence, have to
D is still liable if negligent conduct led to injury.
establish that a standard of care was
breached. 20. Thin Skull In practice, medical experts will try to show that
in Practice the damages should be reduced.
6. Reasonable Standards change according to the person.
Person i.e. children, disabled, physical 21. Types of Pain and suffering.
characteristics, or skills of a truck driver. Damages Lost wages / lost profits.
Medical bills.
7. Relationship Duties can be established according to
Loss of consortium.
relationship.
Emotional stress.
8. Circumstances Factors which can change the duty. i.e.
22. Owner At CL, the fact that you owned a car didn't make
crowded sidewalks or hazardous weather.
Liability you liable if someone else used it and was
9. Ways to Can show with statutes, how others acted, negligent.
establish industry publications, common law,
23. Exceptions Some exceptions that make a car owner liable
standards of handbooks from an industry, regulations,
that make are:
care expert testimony.
a car 1. Agency theory.
10. Causation Hardest to prove at trial. Two kinds are owner 2. Owner was present and controlled.
actual cause and proximate cause. liable 3. Joint venture between the two.
11. Concerted Persons acting in concert is harm from 4. Negligent entrustment.
Action common design, where they give substantial 24. Negligent If the driver is EE, have to show the driver was
assistance or encouragement to another Driver acting within scope of employment and doing
whose conduct is a breach of duty. who was something in the interests of R.
12. Alternative When two or more D's committed tortious an
Liability acts, and P was injured as a proximate result Employee
of one of the D's wrongdoing. 25. Other Show that the conduct was incidental to
13. Negligence Per 1. P was a member of the class the statute factors to employment, or had R's express or implied
Se was designed to protect; consider if authority to do the action they did.
2. Harm that P suffered was the type of driver was
harm which the statute was intended to employee
prevent. 26. Truck Truck companies will often admit driver was EE
14. Not When the statute doesn't purport to define Driver as to foreclose any claims of negligent hiring.
Negligence Per civil liability, and merely makes a general Employee
Se provision to secure safety of the public. 27. Frolic and Detour is a minor deviation from employment,
15. Violation of a In some juris, only evidence of negligence Detour whereas frolic is a major departure as if EE is
statute and the jury can do with it as they wish. (not acting for his own benefit.
neg per se).
28. Frolic and i.e. stop and buy toothpaste at rite aid is a 40. Types of Defective manufacturing, defect in design, or
Detour deviation. i.e. get a call to pick up kid from product failure to warn of the danger in the use of
Examples school is a frolic. defects the product.
29. Things to In discovery, investigate: 41. Highway Municipalities generally have a duty to
show course 1. Ownership of vehicle. Design and exercise reasonable care with the design,
and scope of 2. Where was driver going, how many stops, Road Signs construction, maintenance and signage of
employment time of trip. public highways.
3. Instructions to EE. 42. Highway Can involve issues of sovereign immunity.
4. Where R was at time of crash.
Designs and Roadside should also be made safe. Basis of
5. Who gave instructions.
Signs issues liability can be in failure to adequately warn.
6. Length of employment.
7. Supervisor. 43. Construction Have tremendous insurance. Have
Companies responsibility to make construction sites safe,
30. Independent Default rule is that a company is not
i.e. barricade a lane correctly.
Contract responsible for the negligence of independent
contractors. 44. To show rules Problem with suits that involve signs, is
of the road for making the public familiar. Rules can be
31. Exceptions 1. Show that the party exercised so much
construction found in manual for uniform traffic control
impose control over the IC, they should be
companies or devices for streets and highways by DOT.
liability for responsible.
the state
Independent 2. Negligent entrustment or negligent selection
Contractors of IC. 45. Three kinds of 1. If P's neg is not as great as D (up to 49%),
Comparative can still recover. Damages will be diminished
32. Negligent Restatement 411: Knew or should have known
Fault regimes in proportion.
Entrustment the driver was incompetent or reckless.
2. If P's neg was not greater, can still recover.
33. Family If used in a juris, have to show D owned and (up to 50%).
Purpose maintained car that was for a family purpose, 3. Even if P was 99% at fault, can still collect.
Doctrine and the user was a family member entitled to 46. Malice and Malice is conscious disregard or recklessness
use it with permission.
Comparative for the safety of others, makes it so that P's
34. Causation Just because D knew or should have known of Fault. comparative fault is not factored in.
and the incompetence, that incompetence must be 47. Jointly and If D's are jointly and severally liable, then P
Negligent the cause of the accident.
Severally can go after any D for the entire damages.
Entrustment
Liable
35. Joint An agreement with a common purpose and 48. Allocating i.e. In OH, used to be that you could only
Venture commercial interest, with equal right to direct
Fault and Tort allocate fault to someone who is a party in the
Elements the enterprise. Applies in situations where
Reform case, but now can allocate fault to a nonparty
parties share driving, agree to share
or parties who were dismissed, as long as the
expenses, have a common purpose or
party's name was disclosed prior to trial.
destination.
49. Seatbelts Whether or not P used seatbelt is permissible
36. Dram Shop Person who provided alcohol knew or should
evidence. Can be a factor in crashworthiness,
Social Hosts have known the person was intoxicated or
to show P enhanced own injury and
underage, and intoxication caused the crash.
damages should be reduced.
37. Violation of Some juris say neg per se, some say just 50. Damages for For intentional torts, don't need to prove
Social Hosts evidence of negligence.
intentional damages, unlike negligence, where damages
Statutes
conduct is an essential element.
38. Products Selling a product in a defective condition that versus
Liability is reasonably dangerous, creates liability for negligence
harm if the seller is in the business of selling 51. Economic Wage loss and expenses, such as medical
such a product.
Damages expenses or property damage.
39. Products This applies even if the seller exercised all 52. Noneconomic Pain and suffering.
Liability reasonable care, and the consumer is not in
Damages
even applies privity with the seller.
when 53. Wage Loss Lost earnings and earning capacity.
54. Lost earning Loss of the value of the work you could've
capacity done but for the injury.
55. Lost Both parties present evidence based on age, 69. Purpose of Keep out prejudicial evidence, such as
opportunity experience, education, opinions by experts. Bifurcation evidence of wealth or prior bad acts. Often by
costs statute, or local decisions.
56. Medical Can get reasonable medical expenses in the 70. Punitive SC has said punitive damages don't violate the
Expenses past and future, calculated at actual value of Damages and 8th Amendment, but can't be so grossly
the services. the Supreme excessive so that it would violated due
Court process.
57. Future Expert opinions needed for future bills
Medical because more speculative. 71. Bad Faith Claims against the insurance companies when
Expenses Claims they fail to settle within policy limits, and knew
the verdict was going to be outside of the limit
58. Collateral When someone else pays the medical bills,
or made everyone go through litigation and
Source Rule such as worker's comp and Medicaid.
exposed a client to punitive damages.
59. Collateral Traditionally, the fact that someone else has
72. Reasons for Policy says they must settle within a
Source paid for medical services is irrelevant and
bad faith reasonable amount, but instead they drag
Traditional doesn't reduce D's liability.
claims their clients through litigation and expose
Rule
them to higher risk.
60. Collateral Half of states have limited or or abolished
73. Tort Reform Passed in over half of states. Can put
Source and collateral source rule and can reduce D's
preconditions to sue, modify collateral source
Tort Reform obligation. Some say can bring in evidence of a
rule, raise P's burden of proof, and cap
collateral source (i.e. Medicaid paid some of
damages.
this).
74. Tort Reform Caps on damages can be on all damages or
61. Pain and Emotional distress, or sometimes conscious loss
and Damage just noneconomic, or require that punitive
Suffering of life's pleasures. D will as for P's entire
Caps damages go to state agency.
psychological file to show they were messed
up to begin with. If pain and suffering 75. Wrongful Did not exist at CL and always exists by
damages is found excessive, D will seek to Death and statute, and purpose is to compensate family
remit the verdict. Survival members. Survival action is what the
Statutes deceased would have earned had they
62. Loss of Sometimes a separate claim from pain and
survived.
Enjoyment suffering. Some states have separate statutes
of Life for permanent disfigurement. 76. Wrongful Can be brought by surviving spouse,
Death children, parents of the decedent. Doesn't
63. Prejudgment Most states have statutes which covers
include siblings. Compensatory damages can
Interest interest, covers losses from the time of the
include loss of support.
injury until judgment. Policy: discourage
frivolous appeals. 77. Loss of Loss of companionship, care, assistance,
Consortium attention, and protection.
64. Punitive Pre-death terror and property damages is a
Damages for way to get punitive damages in a survivorship 78. Safety First safety reg passed in 1940, followed by
Survivorship action. Regulations many standards for hours of service, weight
in Trucking limitations, driver licensing, education, traffic
65. Punitive Available when malice is shown, which is
control, accident reports, highway
Damages conscious disregard or reckless indifference to
maintenance.
the safety of others. Argue they knew or
should have known what they were doing. 79. Regulations Started in 1970.
to Protect
66. Purpose of Purpose is to punish and deter future bad
People on
Punitive actions.
the Roads
Damages
80. Economic ICC loosened regs that determined each
67. Vicarious Some states say if R is vicarious liable for EE,
Deregulation carrier's content and pricing. Anti-regulation
Liability and then punitive actions of EE are liable to R also.
movement drove competition. Truckers
Punitive Some do not.
ultimately made less money, dramatic wage
Damages
cuts to stay competitive.
68. Bifurcation Procedure to divide a trial into multiple
or phases, first for compensatory damages and
Trifurcation another trial for punitive.
of Cases
81. Motor Carrier Passed in 1980, made it so anyone could take 93. Proposal FMCSA should consider a compensation
Act any route and get in the business. Didn't instead of an fund to address the rare (less than 1%)
have to justify different prices for different increase catastrophic claim.
routes. Led to intense pressure to drop 94. Criticism of $750,000 is the minimum -- per incident, not
wages, get more hours out of work, and
the per person. There are 4,000 death claims per
discounting among carriers.
Minimum year, which will far exceed the minimum.
82. Further In 1995, Congress ordered states to stop Insurance $750,000 in medical care in 1980 would cost
Deregulation regulating the trucking business. $4.8 million today.
83. Results of OSHA claimed 70% of truck crashes were the 95. Policy for Truck accidents cause huge injuries, it would
Deregulation result of unsafe actions by truck drivers, Increasing be unfair for the government to pick up the
particularly because of fatigue. Trucks are 6% Minimum tab for such injuries. We share the road with
of all vehicles but 13% of fatalities. Insurance trucks every day and when the public is
exposed to risk, trucking companies need to
84. Commercial Requirement in 1986, all drivers needed to
bear more responsibility.
Driver's have CDL with additional requirements for
License hazmat. 96. Purpose of Purpose is to give minimum level of financial
the responsibility for MC's, create incentives to
85. Penalties for Amendments passed to give civil and criminal
insurance maintain and operate in safe manner, assure
Unsafe Motor penalties to truck companies who fail to
requirement they maintain appropriate level of financial
Carriers maintain records, and carriers with
responsibility.
unsatisfactory safety records could no longer
operate. Also required them to screen drivers 97. Required Unique to the trucking industry, has to be
before hiring and drug test. Endorsement attached to the insurance policy. Has to be in
exact form, MCS 90, with illustration. Provides
86. Truck Ratings Available on the DOT website, shows if they
guaranteed coverage for public liability for
have insurance and lists criteria as
any final judgment in a negligence action.
satisfactory, unsatisfactory or conditional
using a Safety Measurement System. 98. Purpose of If carrier can't pay after final judgment, then
Endorsement the insurer must. Creates "unconditional
87. Conditional Conditional is a red flag and shows you
suretyship" to the public, like a safety net, to
Rating should inquire further.
people who are injured by tractor trailers.
88. Safety Available online, can look up truck company
99. When a When a company hires a driver, they can get
Measurement by DOT number. Reveals records for unsafe
company data on them easily. A good truck company
System driving, crashes, hours of service compliance,
hires a driver will print it out and make it part of the EE file.
maintenance, controlled substances, hazmat,
If not on the file, can be evidence of negligent
driver fitness.
selection.
89. Recent The more recent the violation, the heavier it
100. Endorsement Came in because it was confusing to figure
violations weighs against the trucking company. Overall
Reason out who to collect from, and insurance
rates are compared with the rest of the
companies were trying to get out of paying
country.
with so many defenses.
90. Insurance Insurance rates haven't been raised in a long
101. Permissive Split in authority if a driver not named on the
Rates time. Everyone is on board except for the
Drivers policy is covered. In OH, if MCS 90 is attached
small trucking companies.
then the clause saying that other drivers
91. Current The $750,000 minimum insurance under aren't covered is disregarded.
Minimum federal law has not changed in 30 years.
102. If MCS 90 is $10k penalty to truck company is possible.
Insurance However, most truckers actually carry liability
not attached
policies of $1 million.
103. Things that Insurance can't argue that: didn't get notice
92. Criticism of Drivers say an increase will not fulfill the goal
don't count of suit, driver failed to cooperate, policy was
an Increase of ensuring that members of the public are
as defense to cancelled when it wasn't cancelled how the
protected from truck-involved accidents. It is
insurance rule says it should be.
estimated that an increase will cost motor
carriers significantly more in premiums, and 104. Pre- Can see data via a program for a nominal fee,
drive small trucking companies with good Employment $10 per record or $25 per year. Needs driver
safety records out of business while helping Screening consent but easy to get because upon hiring.
trial lawyers. Can be used to show a jury they could have
looked at the data with minimal effort.
105. Knowledge Every R shall be knowledgeable and comply 119. Out of Service Declaration that because of certain
and with the regs. Drivers shall be instructed in Order violations, things were bad enough so that
Compliance and comply with all applicable regs, and CMV they should be taken out of service.
shall be maintained to comply. 390.ee 120. Aiding and Can't aid, abet, encourage or require a
106. Preservation Have to act immediately to get records, Abetting motor carrier or its EE's to violate the rules.
of Records otherwise it's malpractice. Lots of data has to 121. Aiding and Require delivery by 5pm tomorrow, only
be kept but only 6 months after the crash.
Abetting way to do that is for the driver not to sleep
107. Preservation Put in writing a request to keep the records, Example through the night.
Letter with litigation pending then the truck 122. Special Duties MC has to keep many records for 3 years.
company has to keep it.
for If they got rid of it, you can show this was a
108. After a crash Trucking company is notified immediately by Investigations violation.
the driver, within 10 minutes an insurance 123. Driver Generally requires written application, 3
company will be out taking pictures and
Qualification year driver history, previous emp history
investigating.
going back 3 years, minimum physical
109. Preservation Set minimum time periods, make it so they qualifications, drug testing, road test or
Regulationss have to be easily indexed, apply to all motor equivalent.
carriers. 124. Disqualifying a Drivers can be disqualified for alcohol
110. Types of Bills of lading, logbooks that show hours of Driver violations, leaving the scene of a crash,
records service, maintenance records, all kept for 6 texting, out of service violations.
months. 125. To see if driver Ask for training manuals and driver
111. Destroying If records are destroyed, jury can be was qualified qualification manuals. The MCV requires
Records instructed to presume that the records were more than just CDL, a person needs to
against their interest. have training and experience.
112. If employer Usually not negligence per se, but you can try 126. Employer Can't permit or allow a driver if R knows or
violated the to argue it. Responsibilities reasonably should know that there was a
regulations CDL violation, or don't have CDL.
113. Commercial Can be in 4 ways: 127. Implied There is implied consent that a person
Motor 1. Greater than 10,001 lbs Consent to who holds a CDL consents to alcohol
Vehicle 2. Transports more than 8 people including Alcohol Testing testing. If driver refused to do alcohol test
driver, for money. after crash, jury can infer he was drunk.
3. Designed to transport more than 15 128. Driver's Manual States have to give a driver's manual
people, including the driver, even if it's not for
before drivers get their CDL, which is used
compensation.
in every case. Drivers are deemed to know
4. Hazardous material transport.
everything in this book.
114. Driving a Can't drive a CMV when the driver's alcohol 129. Alcohol No use within 4 hours of being on duty.
CMV while concentration is 0.04, lower than state law for
No use while on duty. And can't have
under noncommercial vehicles.
alcohol on you unless it's something you
influence of
are shipping in the back.
alcohol
130. Standdown Can temporarily remove an EE if R
115. Employer Any person who owns or leases a CMV, or
reasonably suspects intoxication, and
assigns EE's to operate it.
have a duty not to allow drunk driving.
116. Employee Any person employed by R who directly 131. Driving limits Daily there is a 14 hour driving window,
affects CMV safety. Includes CMV drivers who
begins with any type of work (even pre
are IC's, mechanics, freight handlers.
trip inspection). Once they hit 14 hours of
117. Statutory A truck company becomes a statutory consecutive work, can't drive again until
Employer employer and liability is imposed. off duty for 10 hours.
118. Operating US-DOT number, which every motor carrier 132. 14 Hour Driving Can drive up to 11 hours, and can't go
Authority needs to have after applying for it. Number is Window more than 8 hours without a 30 min
used when doing a search to find out if break.
revoked or conditions put on it. 133. Limits in 7 day Only 60 hours within 7 day period, and 70
period hours within 8 days.
134. 34 Hour Driver can reset the 60-70 hour clock by taking 148. Supervening Just because a party did something
Restart 34 consecutive hours off duty, and can only cause negligent, doesn't mean she needs to
use the restart once a week. anticipate the negligence of another party.
Supervening causes break the chain of
135. Defined Includes not just driving, but also loading,
negligence to P.
Duty Time maintenance, etc.
149. Assured Clear Most states have statutes that prohibit
136. Adverse If there is an unexpected adverse driving
Distance driving a truck in a speed that results in
Driving condition slowing the driver down, they get up
colliding without assured clear distance for
Conditions to 2 extra hours.
stopping. Can be reduced because of fog.
137. Log books Have to be kept 24 hours a day, first thing to
150. Defense to an Sudden emergency, dust clouds, etc.
ask for after a crash. Some drivers keep
assured clear
double logbooks. Company has to keep them
distance
via preservation of records, 6month-1year.
statute
138. Rear end Rebuttable presumption that the driver who
151. Assured Clear Violation when driver collided with an object
collisions struck from behind was negligent.
Distance Per that:
139. Res Ipsa 1. Accident was a kind in which ordinarily Se violation 1. was ahead of him;
would not have occurred had D exercised due 2. was stationary or moving in same
care; direction;
2. The instrument or thing causing the injury 3. didn't appear suddenly in driver's path;
was under control of D; 4. was reasonably discernible.
3. Accident happened irrespective of any
152. Reasonably A vehicle can be reasonably discernible as a
participation by P.
discernible matter of law on a clear day.
140. Negligence Can't bring in custom or practice as a defense,
153. Brake Every state has a statute on keeping brakes
Per Se: Not because evidence can't be that it is custom not
Maintenance in good working order. Excused if there is
a defense to follow the law.
unforeseeable brake failure.
141. Federal Law Can be negligent per se, evidence of
154. Truck Driver's Generally, truck drivers need to use the
Violations negligence, or argue towards punitive
general duty highest degree of care to avoid accidents,
damages. Have to look at precedent.
most jurors can take into account a driver's
142. Compliance The fact that someone didn't violate a statute special skill or knowledge.
with the doesn't show they weren't negligent. i.e.
155. Negligent acts Truck drivers don't need to anticipate the
law Reasonably prudent driver would have taken
of others negligent acts of others.
other precautions.
156. Duty to Look Drivers have a duty to keep a lookout ahead
143. Excusing Sudden emergency that is not of the driver's
Ahead for dangerous conditions, and take
Non own making, impossibility to comply with the
precautionary action to avoid a crash. i.e.
Compliance statute, or compliance would have exposed
driving into a cloud of smoke and crashing
the driver or 3P's to greater risk of danger.
into a car.
144. Sudden Truck driver didn't create emergency through
157. Proximate 1. cause in fact (actual cause), 2.
Emergency his own negligence, danger was imminent,
Cause foreseeability
and the driver's apprehension was
Elements
reasonable.
158. Cause in Fact Was this a substantial factor in causing the
145. Not a Driver's sleepiness caused him to pull over
injury?
sudden without warning triangles, someone rear
emergency ended him (not sudden emergency.) 159. Foreseeability Should a person of ordinary intelligence
have foreseen the risk of harm that resulted
146. Sudden Truck driver had to leave the lane for an
from the negligent act?
emergency emergency when a child ran out and this was
example unexpected. 160. Last Clear Used in contributory negligence
Chance jurisdictions. D is still liable if she knew or
147. Statutory Still need to show it was the proximate cause of
should have known of P's peril and could
violations: the crash or the violation is irrelevant.
have avoided harming P but for her own
relevance
negligence.
161. Owner In trucking, it is a self-employed commercial 171. Preemption Would make obtaining insurance for
Operators truck driver or a small business that defense: damage / injury / death meaningless.
operates trucks for transporting goods over policy Deny victims any chance of legal remedy to
highways for its customers. reasons address truck companies and their driver's
negligence. Not intended by Congress.
162. Owner They may lease on to a carrier or they may
Operators operate under their own authority. If they 172. Broker Agency theory (vicarious liability), and
authority operate under their own authority they will Liability: 2 negligent hiring / selection.
have DOT and MC number identifying Ways
them as a registered carrier. 173. Discovery Without doing discovery and research as to
163. Owner Owner operator operates under the with brokers what the broker should have known, there is
Operator rule federally operated authority granted to the no case. Can bring in prior bad acts to show
carrier, by virtue of that lease. notice, information they would have known
had they made reasonable inquiry.
164. Statutory The carrier is deemed a statutory R of the
Employer of owner operator, makes the carrier 174. Agency General rule is unless there is direct control of
Owner vicariously liable for their actions as a matter Theory an IC, no liability. P should show how the
Operators of law. driver got on the road in the first place, and
that's what this case is about.
165. Multiple No where is it written that you can only
Carriers have one carrier responsible. i.e. Driver 175. Hurnblad Hurnblad: heavy load that was inherently
goes from A to B, on the way back from B to dangerous, hired fly by night trucking co who
C, has accident and doesn't remove placard. was charging below lawful rate and did not
have ITC certification.
166. Logo Liability Does the mere fact that a driver displays
No evidence that D knew the trucking co had
placard create liability?
prior neg conduct, but reasonably should
167. Tort liability Irrebuttable presumption of an have known with inquiry.
arising out of employment relationship, also known as
176. Hurnblad No liability for IC. Restatement 111 creates
accidents doctrine of statutory employment. Liability
Rule exception, if:
from lease attaches even if the driver embarks on an
1. Caused by company's failure to employ
vehicles: undertaking while using the carrier-lessee's
person who is competent and careful;
Majority View ICC authority.
2. Work involved risk of physical harm if not
168. Tort liability Written lease, with display of ICC placards, skillfully and carefully done.
arising out of creates only a rebuttable presumption of an
177. Puckerein Elements of shipper's negligent hiring:
accidents employment relationship. Liability ultimately
Elements of 1. Company that transported the load was
from lease decided by CL doctrine such as respondeat
Negligent incompetent;
vehicles: superior.
Hiring 2. Harm resulted arose out of that
Minority View
incompetence;
169. Preemption There is no private right of action under fed 3. The shipper knew or should have known
law, only thing left is state tort law. If state of the incompetence.
tort law is preempted, then all of trucking
178. Three Licensing, registration and insurance.
litigation goes away.
important
170. Preemption Purpose of the rule shows no clear and things to
defenses: legal manifest purpose to displace state tort law look for in
reasons actions that do not affect deregulation in negligent
more than a peripheral manner. selection
Would violate SC rule requiring more than cases
a tangential relationship to carrier's price,
179. Other things Most careful brokers also verify:
route or service and presumption against
to look for o Financial condition of truck co;
preemption.
in negligent o Safe and compliant trucks
Economic cases are preempted, but not
hiring o Qualification of drivers
personal injury because of the Safety
o Physical condition of drivers
Savings clause.
o Adequate rates to ensure safety and
legality.
180. Broker has Government websites for safety statistics to check the company they hire. A conditional rating is a red flag for further
to check investigation.
181. Respondeat A party is vicariously liable for the conduct of its agent, but not its IC. Difference is defined by level of control. Agency is
Superior consensual relationship, where principal has right to control agent's conduct and agent has power to affect principal's
legal relations.
182. Product Problem with the truck itself: tire, seat belt, part etc.
Liability
183. Product Defect in manufacturing, defective design, breach of express warranty, breach of implied warranty, not fit for the
Liability purpose its supposed to be used for.
types
184. Safety Can be liable via undertaking. A person who undertakes another's duty owed to a third person must completely
Consulting assume the duty.
Companies
185. Undertaking A person who undertakes to render services, which he should recognize is necessary for the protection of another
rules party, could be liable to a 3P for the harm for any failure to exercise reasonable care if:
1. Their negligence increases the risk of harm.
2. Undertake a duty owed to another person
3. Harm is suffered by another because of reliance by another party.