Strict and Vicarious Liability Explained
Although Civil Law is predominantly fault based there are instances in which liability may be imposed without negligence on the defendants part. Further, there are circumstances where an employer may be held liable for the negligent actions of his employees.Get Legal Advice
“…I keep a selection of poultry livestock on my land…my neighbour whose boundary is 50 yards uphill from my property recently installed a diesel generator with a large supply tank attached…the tank had a seal fault and diesel fuel escaped from it over the course of a week… the fuel mixed with rainwater and ran down onto my land where it seeped into the food chain of my livestock killing many… I complained to my neighbour about what had happened seeking compensation… he has stated that it was an unforeseen accident and he is therefore not liable…”
“…we recently hired a carpet cleaner from [nationwide chain]…the deal was for the machine and a operator who would come to our house and clean the carpets… the man who came used too much cleaning solution and severely damaged our carpets…we have demanded compensation from [nationwide chain] but they have stated that because they are a franchise operation we must take our claim up with the operator of the machine…”
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