Page 27 - Insurance Times May 2019

Imputed negligence means that the law will hold you from the happening of the accident or incident involved that
responsible for the negligence of someone else. a cause of the occurrence was some negligent conduct on
the part of the defendant. As may be guessed, this doctrine
Under certain conditions, the negligence of one person can has been used frequently in aircraft and medical malpractice
be attributed to another. Several examples can illustrate this liability cases.)
principle:
An important modification of the law of negligence is the
(Employer-employee relationship; a negligent act by an doctrine of res ipsa loquitur, meaning "the thing speaks for
employee, conducted in the scope of his employment, will itself", refers to situations when it's assumed that a person's
be imputed to the employer. For example; if you ask your injury was caused by the negligent action of another party
secretary to pick up some sandwiches for lunch, she is because the accident was the sort that wouldn't occur
acting within the scope of her employment when she drives unless someone was negligent. Res Ipsa Loquitur is the
to the shop. If she is at fault in an automobile accident, her name of a doctrine that permits a trier of fact to infer the
negligence is imputed to you. You are responsible for the existence of negligence in the absence of direct evidence
damages caused by her acts.) of negligence.

Volenti not fit injuria (express or implied) The question of to what extent a wrong does is liable for the
consequences of his wrongful act has caused the courts much
This means the plaintiff knew the risk he was running and
willingly consented to run the risk (foot baller) and this difficulty. Clearly the wrongdoer cannot be so held liable for
defence is not available where a person is under legal or all possible consequences of his act and such rules are:-
Y Responsible for any consequences of his wrong doing
must obligations to run a risk (Doctor/Police) and it is the
question of the fact in each case whether the plaintiff's intended by him.
knowledge of the risk amounts to consent to run the risk. Y Defendant is liable only for damages which a
Knowledge may be evidence of consent. reasonable man will foresee
Y Intervention of new cause, its effect is to break the
Vicarious liability chain of causation between an original act and final

Which is a 'legal law' under which the liability for the result. Whether effective cause is the final one or not.
negligence of another can rest on a contract to assume that Y Necessary Conditions for Application -
liability like a motorist's negligence is imputed to the
Y To apply the doctrine of res ipsa loquitur, the following
vehicle's owner?
requirements must be met:
Dram shop law: Y The event is one that normally does not occur in the
absence of negligence.
A business that sells liquor can be held for damages that
may result from the sale Legal relationships that can lead Y The defendant has exclusive control over the
to Imputed negligence. Under a dram shop law, a business instrumentality causing the accident.
that sells liquor can be held liable for damages that may Y The injured a not contributed to the accident in any
result from the sale of liquor. …if a bar owner continues to way.
serve a customer who is drunk and if after the bar closes,
the drunken customer injures two people while driving back Damages or injury to claimant:
home. The bar owner could be held legally liable for the
injuries The injured person must show that he or she has suffered
damages or injury as a result of the actions alleged
tortfeasor.There are certain types of damages
RES IPSA Loquitur:
Y Nominal - Small damages no pecuniary loss
(The things speaks for itself) under this doctrine the very
Y Real - Which is pecuniary loss and divided into general
fact that event occurs established a presumption of
negligence on behalf of the defendant and it is their up to and special damages?
the defendant to rebut the presumption of negligence. Y Special - paid for losses that can be determined and
(Presumption of Negligence ...If the foregoing documented such as medical expenses, loss of earning
circumstances are established, the trier of fact must find and property damages

The Insurance Times, May 2019 27