standards of tort liability

vicarious liability

Liability that a supervisory party (such as an employer) bears for the actionable conduct of a subordinate or associate (such as an employee) based on the relationship between the two parties. See respondeat superior

Under common law, a member...

volenti non fit injuria

Volenti non fit injuria is Latin for “to a willing person, it is not a wrong.” This legal maxim holds that a person who knowingly and voluntarily risks danger cannot recover for any resulting injury. This principle was the common-law basis...

willful tort

A willful tort is a tort that is committed in an intentional and conscious way. It is a harmful act that is committed with the wish to harm another person. It is an act that is neither accidental nor due to negligence.

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wrongful death

Wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person. A wrongful death action may be brought against a person also facing...

wrongful death action

A civil action against someone who can be held liable for a death. Any tortious injury that caused someone's death may be grounds for a wrongful death action. Under the common law, a claim for wrongful death had to be brought by the decedent's...

wrongful death statute

A statute that essentially codifies the common law claim of wrongful death, but modifies any rules that legislators deems arcane or unjust. For instance, modern wrongful death statutes permit the decedent's executor or administrator to bring the...

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