Ted works for ABC Carpets. One morning he shows up at the office and is given hi
ID: 363947 • Letter: T
Question
Ted works for ABC Carpets. One morning he shows up at the office and is given his work instructions. Ted is to install carpet in House A. Ted must load his van with the materials and then drive in a direct route to House A. The route to House A and all work done in House A is Ted's scope of employment. On the way to House A that morning, Ted stops at a coffee shop for breakfast. The coffee shop is located 1 block off the route to House A. As Ted was leaving the coffee shop, he spilled coffee on himself which caused him to negligently hit a passerby.
The passerby sues Ted and ABC Carpets for negligence. Is Ted liable? Is ABC Carpets liable?
Explanation / Answer
Ted showed negligence and failed to exercise reasonable care while leaving the coffee shop which resulted in hitting the passenger. In order to prove Ted was negligent and liable for the injuries the plaintiff need to show that Ted’s negligence has caused reasonable damages and he must prove the legally recognizable harm in the form of physical injury or to property. But there are no details about the injuries suffered by plaintiff and hence Ted cannot be held liable. Also though Ted was negligent in hitting the passerby the plaintiff also was as much at fault that made the accident happen. Ted was negligent because of the spilling of coffee but there is no reason for passerby’s negligence. Hence Ted is not liable. But if he has made recognizable physical harm to the passerby Ted would be liable.
An employer is liable if the negligent act happens by their employee in the course of employment. For an act to be considered within the course of employment, it should be authorized by the employer. In this case Ted took the route one block off the route authorized by the employer. Hence the act is not under the course of employment and ABC Carpets is not liable for Ted's negligence.
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