Joe owns a bike shop. His shop sells and repairs bikes. One of his employees, Ma

Question

Joe owns a bike shop. His shop sells and repairs bikes. One of his employees, Madison (Links to an external site.)Links to an external site., was repairing a bike with one of those pesky periodic problems that would never occur when the repair technician was around. The customer said that the gears periodically wound not shift properly. Madison (Links to an external site.)Links to an external site. took the bike out for a test ride hoping to replicate the problem. However, the problem did not appear. Because it was approaching noon, Madison (Links to an external site.)Links to an external site. decided to ride the bike to her home to have lunch. On the way back to the shop, Madison (Links to an external site.)Links to an external site. negligently hit a small child and injured her. Discuss the liability of Madison (Links to an external site.)Links to an external site. and Joe’s bike shop for the injuries to the child.

Explanation / Answer

In this case, there seems no liability of Joe's bike shop as the bike shop is not responsible for the negligent driving of the rider i.e. Madison. In fact, Joe's shop tried to rectify the issues appearing on the bike but they were not able to track it down.

On the other hand, the sole responsibility for injuries to the child remain with Madison as first he was driving casually or negligently. Secondly, when he knows that there is a trouble with the bike which is still persisting so he should drive more cautiously for preventing any kind of accidents but still he was driving negligently.

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