Care Facilities
Care Facilities
Tort liability is a common doctrine that the Respondeat Superior the employer uses to hold an employee liable to his or her negligent acts. The common law requires that the hiring party will not take into responsibility and form of negligence. Tort Restatement provides an exception to this rule by showing that the hiring party can take responsibility for any form of negligence. This is based on the employers’ lack of exercising extreme care. His negligence may lead to physical harming of the third party because of the employer’s inability to retain a careful and competent contractor. Another tort example is that when the independent contractor is pursuant to directions and orders negligently directed by the employer, the hiring party will be held liable to and forms of damages. This does not put into exception the risk of liability in the side of the hiring party because it is significantly reduced, not by the employees, but by the hiring an independent contractor. The strict liability torts does not call for the need to establish negligence or intent, but is confined to cases of product liability and ultra hazardous activities.
These are activities that are inherently dangerous to the highest degree and do not bargain with the elimination of harm. Vicarious liability means that a person is imposed a tortuous act that is committed by another person. This tort is applicable to Independent contractors and respondeat Superior. Lastly is the several or joint liability involving two or more defendants being held liable for an injury that cannot be divided. Tort is considered as the main cause as the rising costs of health care. Tort reforms would mean that the individual’s rights of people will be limited on amounts, ability to sue and situations that they need justice or relief. The healthcare cost would be lowered through tort reforms. This will have an impact m managed care, insurers, and healthcare industries have to constantly monitor payers in check and healthcare providers (Avraham, Defny, & schanzenbach 2009).
Reference
Avraham R, Defny L, & schanzenbach M (2009) The Impact of Tort Reform on Employer-Sponsored Health Insurance Premium. Retrieved from
http://www.utexas.edu/law/faculty/ravraham/tort-reform-and-employers-premium.pdf
On December 6th 2012
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