Environmental Protection Agency (EPA) Model Lead Based Paint Risk Assessor Practice Test

Under vicarious liability, what must a plaintiff demonstrate?

1. Economic loss only

2. Act or omission, duty, cause, and injury

3. Proximity of the lead source

4. Intent to commit harm

The correct answer is: Act or omission, duty, cause, and injury

Under vicarious liability, a plaintiff must demonstrate the elements of act or omission, duty, cause, and injury. This legal doctrine holds one party responsible for the actions of another based on their relationship; often, this involves an employer being liable for the actions of an employee performed in the course of their work. To establish vicarious liability, there must be evidence that the defendant had a duty to prevent harm, that there was a negligent act or omission which breached that duty, that this action directly caused an injury, and that a real injury occurred as a result. Each of these elements is crucial to linking the defendant’s liability to the actions of a third party effectively. Other options do not capture the comprehensive nature of what must be shown for vicarious liability. Economic loss alone is insufficient if not tied to the necessary elements of liability, while the proximity of the lead source is more related to establishing causation in environmental contexts rather than liability itself. Lastly, intent to commit harm is not a requirement under vicarious liability; the focus is on the relationship and the negligent actions rather than intent.