What is the difference between a claim of professional negligence and a claim of vicarious liability?
A claim of professional negligence is when a professional fails to provide an expected level of service that is considered reasonably necessary within their field of expertise, and the failure results in harm or loss to the client or patient. They can be held liable for any damages that result from their negligent behavior. Vicarious liability, on the other hand, is when a professional is not directly responsible for a negligent act, but their employer is held liable for the resulting damages. This is often the case when the employer has a non-delegable duty to the client or patient, and thus is responsible for the act that caused harm. In Montana, both of these claims must be proven in order to be successful. The court will evaluate the evidence and determine if the professional was negligent or if vicarious liability should be applied. The burden of proof typically lies with the claimant, who must demonstrate that the professional was negligent in their duties and that the client or patient suffered damages because of it. The court will then decide if the professional is liable for those damages.
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