There are numerous circumstances that exist, where a person can be held liable for his actions. Sometimes this liability can be intentional, unintentional or through no fault of his own. We must now consider the circumstances in which a person may be held liable for a tort committed by another, that is, where A is held liable for the tort of B committed against C, although A is no party to the tort. This is called vicarious liability.

Liability of a Master for the Torts of his Servant:

The relationship of master and servant usually exists when one person employs another to do work for him on the terms that he, the servant, is to be subject to the control and direction of his employer in respect of the manner in which the work is to done. If the employer controls the way in which the work is to be done, then the relationship of master and servant exists.

A master is liable for all torts committed by his servant in the course of his employment. Whether a particular tort is committed in the course of the servant’s employment is a question of fact. The following principles may be laid down, however. A tort is committed by the servant in the course of his employment if it consists of:

(i) A wrongful act or omission expressly or impliedly authorized by the master; or

(ii) A wrongful act or omission which is an unauthorized manner of doing something authorized by the master; or

(ii) A wrongful and unauthorized act or omission which is subsequently ratified by the master.

A tort is not committed in the course of the employment if the servant was acting wholly for his own purposes, not for his master’s. (The servant is sometimes then described as being “on a frolic of his own”.)

The basis of his liability of a master is that a person who employs others to do for him what he would otherwise have to do for himself is liable to answer to third parties not merely for the instructions that he gives but also for the manner in which those instructions are carried out. A master is therefore responsible not only for what he authorizes his servant to do, but also for the way in which the servant does it. If a servant performs his duties negligently his master will be liable, for the servant is merely doing in an improper way what he was employed to do properly.

Liability of an Employer for the Torts of his Independent Contractor:

“An independent contractor is one who undertakes to produce a given result, but so that in the actual execution of the work he is not under the order or control of the person for whom he does it and may use his own discretion in things not specified before hand”.

An employer who employs an independent contractor to do work for him is, in general, not liable for the torts of the independent contractor.

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Products are recalled everyday and range from simple household items to baby toys and even medical equipment. When a product fails to work properly, manufacturers have a duty to consumers to remove those products from shelves and reimburse them as soon as possible.

What happens when it is too late? What happens when a product has failed to work properly and actually injures someone? Generally, a products liability lawsuit will ensue.

Product liability lawsuits are typically filed after a product has harmed a consumer when it was used in its intended manner. There are three main types of defects that form the basis of a products liability claim. They are:

1. Design defects that occur before the process of production;

2. Manufacturing errors that occur during the process of production; and

3. Marketing misrepresentation, which occurs after production and involves such things as adequate warnings and labels.

Product liability lawsuits can be complicated and often involve several different legal theories. In a recent Missouri product liability claim, three wrongful death suits were filed, all of which stemmed from a truck accident claim.

The truck accident occurred after a truck driver swerved to avoid two other drivers, who lost control of their vehicles. The truck driver, in avoiding the cars, hit a tractor trailer. In the truck were two grandparents and their young grandchild-all three died at the scene. Authorities initially believed the truck accident killed the three decedents.

However, upon thorough examination of evidence, it was found that the accident itself did not kill them, and that the three died because the truck’s gas tank was defective and caused a fire. The design defect alleged was that the dangerous fuel system design caused the gas tank to rupture; the rupture then caused the fire, which killed the three inside the truck.

Based on expert testimony and crucial evidence, it was proven that the defective design caused the accident. Evidence supported that the pickup truck occupants survived the highway traffic accident. Meaning, they did not die from the accident itself, but actually died from the ensuing truck fire. Further, proof was established that the fire was caused by the gas tank’s defective design and placement. The truck company was found liable for the resulting deaths.

The case above demonstrates an interesting aspect of product liability claims. Product liability issues may often be overshadowed by other events, such as the truck accident above. It is important to contact an experienced personal injury attorney who will know how to investigate all aspects of a case to get to the root of the claim. For instance, if the attorneys in this case this case hadn’t gone through a thorough examination of the truck, the deaths of these individuals may have been blamed on the truck accident instead of the faulty tank design.

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Collapse of the roof is a major cause of death or serious injury in rollover accidents involving SUVs, trucks and buses. The ability of a vehicle to bear his weight, when an incident occurs depends on the type of rollover of vehicle roof. A design defect that causes the collapse of the roof of a vehicle can was a product liability claim against the manufacturer of the vehicle in which injuries are suffered, or to create death, when the roof collapse caused a> Death.

Causes of the collapse of the roof

A vehicle's roof may collapse in an accident, if a manufacturer can not be on a roof can withstand the weight of a vehicle during a rollover accident to build. A thin blanket is often the cause. A vehicle roof is made of columns, sidebars, and front head part of the roof together. If the roof is not able to support the weight of a car breaks down in the compartment of the vehicle. Consequently, the occupants are in danger of serious injury.Most common injuries include brain trauma, cervical spine injuries, bone fractures and spinal cord damage.

Establishment of a claim responsibility for the collapse of the roof products

If an injury is caused by a collapse of the roof, the injured person can bring products liability claim against the company responsible for the defective roof. If the roof collapses, it is often the result of a defective roof. If a defective product causes injury or property damage, the law allows the plaintiff to sue forCompensation under the theory of product liability. Responsible parties can also use the commercial vehicle manufacturer and seller. There are two types of errors for an assertion of the roof collapse:

• manufacturing defects: during the production process, the defective roof was done differently than other roofing products in the same line.

• design flaw: the design of the roof was defective. The collapse of the roof was caused by a design that is inadequate.

A productResponsibility can claim, on the theory of strict liability will be taken. The strict liability does not require the plaintiff to prove the guilt of the accused. Instead, the plaintiff must prove that the defendant has violated an absolute obligation to ensure the roof from a product that was "unreasonably dangerous."

You must establish the following four variables:

1) The defendant was a strict obligation, a roof that would collapse.
2) The process of manufacture orConstruction errors caused the collapse of the roof.
3) The roof defect caused injury to the driver or a passenger.
4) The roof defect was not significantly altered from its original state.

The creditor may in special damages and general damages. Special damages are easier to quantify the damage in general. A special award compensation for damages past, present and future medical care and lost earnings. If an injury is severe and long-termCreating a life care plan can help assess the value of the violation of the plaintiff. The life care planner is to help a claim through consultation with physicians and reviewing medical records of the past, make a plan for future care evaluated. A life care plan is for the cost of such medical care and lost income account.

General damages are difficult to quantify. The law allows a person to compensation for pain and suffering, to maintain the permanence of the injury, and emotionalAnguish. In calculating such damages the following factors to consider:

• How long does it take to recover the actor?
• Did the injury cause permanent damage such as scarring, damage to spinal cord injuries, amputations or brain damage?
• Has the actor missed opportunities, such as the ability to attend school or special event?
• Has the plaintiff suffered from symptoms of emotional stress, such as loss of sleep, loss ofAppetite, or embarrassment?

If the collapse of the roof causes a wrongful death

When a person dies due to a collapse of the roof surviving family members can sue the person or entity responsible. A wrongful death refers to a death caused by negligence, willful misconduct or recklessness. On behalf of surviving family members, a personal representative may bring the complaint. Consequently, all eligible family members a share of titleDamages. Eligible family members typically include a spouse and children. In some states, other family members have the right under certain circumstances. For example, a partner, a putative spouse, the children of the putative spouse, stepchildren, parents, and to share also awarded damages.

Applicants must include the following information:

1) The death of the deceased was caused by defendant's conduct;
2) The defendant was negligent, reckless or engaging in volunteerBehavior;
3) The deceased relatives are alive, and
4) The family of the deceased has suffered damage due to the death of the deceased.

Economic and noneconomic damages, a creditor may collect two types of damages for a wrongful death claim.

• Economic damages are the cost of a funeral, medical expenses and loss of the deceased expected return.
• non-economic loss compensation for the loss ofConsortium, loss of society, the pain and suffering of the survivors, and the loss of support and advice.

Every wrongful death claim is subject to existing laws on the collapse of the roof as required. Limitation is defined, how long a person must bring suit. Of limitation generally begins when the damage occurs or if the violation is discovered or should have discovered. Most states allow between one and six years for the submission of aTo request the death.

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