Are employers vicariously liable for independent contractors?

Yes. The Vicarious liability tort asserts that proof of negligence against one part is unnecessary in a civil lawsuit that targets a second party in a self-definitive relationship. Primary examples of this kind of special relationship include: - ● An Employer and his/her Employees ● Parents and their Children ● A vehicle’s Owner and the Driver ● A Spouse and his/her Partner Consequently, an employer can be held legally responsible for the negligent actions of an employee.

Is an employer held vicariously liable for an employee that goes rogue?

Yes. The Vicarious liability tort asserts that proof of negligence against one part is unnecessary in a civil lawsuit that targets a second party in a self-definitive relationship. Primary examples of this kind of special relationship include: - ● An Employer and his/her Employees ● Parents and their Children ● A vehicle’s Owner and the Driver ● A Spouse and his/her Partner Consequently, an employer can be held legally responsible for the negligent actions of an employee.

Does vicarious liability apply in family-owned businesses, wherein the staff often are kids of the owner?

Yes. Vicarious Liability is substantially reinforced in a family-owned business where the staff are kids of the owner. The two unique relationships in such a business are employer-employee and parent-children self-definitive relationships.

Are employers vicariously liable for independent contractors?

Yes. The Vicarious liability tort asserts that proof of negligence against one part is unnecessary in a civil lawsuit that targets a second party in a self-definitive relationship. Primary examples of this kind of special relationship include: - ● An Employer and his/her Employees ● Parents and their Children ● A vehicle’s Owner and the Driver ● A Spouse and his/her Partner Consequently, an employer can be held legally responsible for the negligent actions of an employee.

Is an employer held vicariously liable for an employee that goes rogue?

Yes. The Vicarious liability tort asserts that proof of negligence against one part is unnecessary in a civil lawsuit that targets a second party in a self-definitive relationship. Primary examples of this kind of special relationship include: - ● An Employer and his/her Employees ● Parents and their Children ● A vehicle’s Owner and the Driver ● A Spouse and his/her Partner Consequently, an employer can be held legally responsible for the negligent actions of an employee.

Does vicarious liability apply in family-owned businesses, wherein the staff often are kids of the owner?

Yes. Vicarious Liability is substantially reinforced in a family-owned business where the staff are kids of the owner. The two unique relationships in such a business are employer-employee and parent-children self-definitive relationships.

Media

Thursday, 15 December 2016

Pro Bono vs. Contingency with Steven Wilder

#AskStevenWilder A new client recently asked me why how often I provide pro bono personal injury law services. When I asked why they thought I provided pro bono services, they replied ‘your commercials say that people don’t pay unless you win and nobody wins every time’. Clearly, they were confused between pro bono services and…

Wednesday, 07 December 2016

The Importance of Wearing a Helmet with Cory Rubin

#AskCoryRubin Wearing a helmet isn’t just the law in many instances, but it can save your life. It may not always seem fashionable, however the importance of wearing a helmet can be seen when comparing the vast difference in brain trauma in those who wear helmets and those who don’t. When an individual strikes their…

Friday, 02 December 2016

Independent Medical Examinations (IMEs)

#AskYanivSpielberg Medical examinations or Independent Medical Examinations (IMEs) are also known as “adverse” or “compulsory” medical examinations. A Plaintiff may be invited by the insurance company, or required by the court, to submit to a medical examination for the specific purpose of validating the Plaintiff’s alleged injuries. The doctors who perform the exams will testify…

Wednesday, 23 November 2016

Is Over-Prescription a Problem in Canada? Looking at Opioid Addiction and Chronic Pain

#AskMichaelBlois Chronic pain is medically described as a pain that lasts longer than six months, and it also happens to be a relatively common issue among the population. Regardless of how the pain is making itself known, it’s a fact that well over 100 million Americans are suffering from this problem – one in five…

Wednesday, 16 November 2016

Ontario Set to Re-Introduce Photo Radar Back into School Zones

#AskHeikkiCoxKikkajoon Photo radar hasn’t been particularly popular as of recent, but it’s making a strong comeback all over Ontario. Toronto Mayor John Tory put in a formal request, one in which Premier Kathleen Wynne was happy to handle – she has recently announced a new legislation put in place that calls for municipalities to rig…

Wednesday, 09 November 2016

Residents of the GTA Pay the Highest Auto Insurance Premiums

Those of us who are drivers in the GTA, are feeling the firm grip of insurance providers everywhere. A new list shows that drivers who live within Toronto and the 905-area are paying the highest automobile insurance premiums in town – which isn’t going to bode well when it comes to the financially conscious. The…

Monday, 31 October 2016

Trick or Treat Safety: Keeping Your Kids Accounted For

#AskSandraZisckind When it comes to Halloween, it seems like there are a lot of things to worry about. First of all, your kids are going to be accepting candy from strangers – that in itself is one of the most difficult things to fathom. In the end of it all, most people are decent and…

Saturday, 29 October 2016

Understanding the Deductible in Ontario

#AskJoshuaHimel A deductible is a specified amount of money that an insured person must overcome before an insurance company must compensate him or her for a claim. In Ontario, all pain and suffering (tort) claims arising out of a motor vehicle accident are subject to a deductible which is determined by statute. The deductible was…

Friday, 16 September 2016

Distracted Driving Deaths & Impaired Driving Deaths: How Bad Is It?

#AskRobertGabor According to the OPP, the amount of distracted driving deaths we’ve seen recently has trumped the amount of deaths being reported from impaired driving, which is absolutely crazy. This means that people who are completely fine behind the wheel are dying, simply because they aren’t paying enough attention. Those that are driving drunk and high on…

Monday, 12 September 2016

It’s Time to Throw out That Bristle BBQ Brush

#AskCoreySax According to the CBC, “Canadian surgeons are urging people to throw out wire-bristled barbecue brushes, because none of them have figured out a surefire way of removing the wires when they get stuck in people’s throats.” Sharp wires on these brushes can cling onto food and barbecue grills, possibly causing damage to throats and epiglottis…

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