Learn The Difference Between VICARIOUS LIABILITY & STRICT LIABILITY
Vicarious Liability
- Employer held liable for employee’s wrongful acts during employment
- Based on *employer-employee relationship* (not personal fault of employer)
- Example: Hospital liable if nurse gives wrong medicine
- Defenses:
- Employee acted outside job duties
- Wrongdoer was an independent contractor
Strict Liability
- Liability imposed for *inherently dangerous activities* (no fault required)
- Established in Rylands v. Fletcher (escape of hazardous substances)
- Example: Factory liable for chemical leak damaging crops
- Defenses:
- "Act of God" (natural disaster)
- Plaintiff’s own negligence
- Legal authorization (statutory authority)
Key Difference:
- Vicarious → Focuses on *relationship* (employer-employee)
- Strict → Focuses on *dangerous activities* (regardless of fault)