Topic 1: Assumption of RiskTopic 1: Assumption of RiskLets look at a waiver required for participation in certain events that could be construed as abnormally dangerous activities. Go to the following website: Participant Assumption of Risk: Utah Velo Club : http://www.utahveloclub.com/club_assumption_of_risk.htmAssume that you signed the waiver in order to participate in a cycling tour but sustained an injury because the tour guide stopped abruptly in front of you to point out a memorial. As a result of the sudden stop, you flew off the bike, broke your leg, and ended up with a concussion. You want to sue for your injuries but are concerned that the waiver could hinder your lawsuit. Review the waiver in conjunction with your possible action. Do you think you still have a shot at recovering damages? Will the company be successful in asserting the defense of assumption of the risk?Topic 2: Vicarious LiabilityUnder the theory of vicarious liability, an employer may be responsible for the negligent actions of an employee. One important component of vicarious liability is that the employee must be acting within the scope of the employees duties when the negligence took place. Lets explore vicarious liability as you review the following two websites: Sidel, R. (2010). Vicarious liability under the doctrine of
respondeat superior. Retrieved from Wolf, Baldwin & Associates, P.C. (2009). Vicarious liability Employers Liability for Wrongdoing of Employees. Retrieved from http://www.wolfbaldwin.com/attorneys_lawyers/articles.asp?ArticleID=31&Page=vicarious_liability_employer_PA_tort_employee_Pennsylvania.asp
As you review the websites, consider:
How can an employer be liable for the actions of an employee and what is the nature of that liability?
What does scope of employment mean in the context of vicarious liability? Answer previewTopic 1: assumption of risk By reviewing the waiver and the situation of my accident, I still have a chance with this case. The waiver did not say that I will be responsible for myself, but the organization that arranged the cycling event has got the full responsibility over me. I did not get an accident due to my own carelessness, but it is because of the abrupt break the tour guide took in front of me. This means that the accident was because of the organizers tour instructors mistake. Secondly, the information that I signed on the waiver only asked me not to sue when I get in an accident. I believe that this kind of accident was caused by the organizers employee and not me
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