Legal LiabilityLegal liability based on torts

NegligenceIntentional tortsStrict liability tortsVicarious liability

Legal liability based on contractsLegal liability based on statutesPrincipal liability loss exposures

Elements of Negligence1 - A legal duty owed

Common lawStatutes

2 - Breach of that duty3 - Damages

CompensatorySpecial damages (measurable)General damages (intangible)Punitive damages

4 - Casual connection

Defenses to Negligence ActionsContributory negligence

Complete defenseComparative negligence

Reduces recoveryAssumption of riskStatutes of limitationsImmunities

Governmental agencies, public officials

Intentional TortsIntentional torts against the person

Assault and batteryFalse imprisonment and false arrest

DefamationLibel and slander

Invasion of right of privacyIntrusion on solitude or seclusionPhysical invasionPublic disclosure of private factsUnauthorized release of confidential information

Intentional Torts - continued

FraudBad FaithInterference with Relationships Between Others

Injurious falsehoodUnfair competitionInterference with employmentInterference with copyright, patent or trademark

Intentional Torts - continued

Misuse of legal processMalicious prosecutionMalicious abuse of process

Intentional torts against propertyTrespassReal propertyPersonal propertyConversion

Nuisance

Strict and Vicarious Liability

Strict liability tortsAbnormally dangerous instrumentalitiesUltrahazardous activitiesDangerously defective products

Vicarious liabilityEmployeeIndependent contractorNondelegable dutiesInherently dangerous activities

Legal Liability Based on Contracts

Breach of ContractHold Harmless and Indemnity Agreements

Indemnitor promises to pay indemnitee for loss sustained by indemnitee

Legal Liability Based on Statutes

Workers’ Compensation LawsOther Statutes

Uniform Aeronautics LawAuto Liability

Principal Liability Loss ExposuresPremises and Operations Liability

On premisesOff premises involving ongoing operations

Products Liability and Completed OperationsAutomobile Liability

Ownership, maintenance or useOperations by othersEmployer-employeeVolunteersLoaned employeesFurnishing defective vehiclesNegligent entrustmentNo-Fault statutes

Workers’ Compensation and Employers Liability

Employees’ tort suits against employersEmployees covered by workers’ compExempt employees

Hold harmless or indemnity agreements