An employer will generally be held vicariously liable for the negligent actions of his employees (under what’s called the doctrine of respondeat superior). Example: I suffer a broken arm while pumping iron at Planet Fitness after slipping and falling on a spilled protein shake. A Planet Fitness employee was negligent in failing to clean up …
What Is Nuisance? The tort of nuisance involves the defendant causing a substantial and unreasonable interference with the use and enjoyment of the plaintiff’s property. Requirement For a Successful Nuisance Claim: The activity in question must be something that would affect an “ordinary person” with ordinary sensibilities, an ordinary schedule, and so forth. Example: Because …
Overview If a plaintiff is injured because the defendant was engaging in an activity deemed to be abnormally dangerous, the plaintiff can bring a strict liability action against the defendant. This means that the person or persons engaging in the abnormally dangerous activity are liable for any injuries this activity causes, even if the defendant …