Should I Tell Them Dogs Home This?
How it Works0 min ago
Who to sue?
I had a painter and decorator from a local company come and decorate my house. The painter negligently dropped a can of paint and injured me. If he had followed company policy on how to secure cans of paint whilst working, the accident could have been avoided.
Can you please advise on who I should sue?
Thanks
Can you please advise on who I should sue?
Thanks
Answers
1 to 9 of 9
Best Answer
No best answer has yet been selected by ayaz1234. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.
You would sue the company and they would deal with the employee themselves.
This is because your contract is between you and the company, and the company is vicariously liable for the actions of the employee.
Vicarious liability
If an employee is negligent either in an act or by an omission while they are working �in the course of their employment� the employee will be �vicariously liable.� This is the case even if the employee�s conduct was not sanctioned by the employer. An employer will not be vicariously liable if either a) the employee was not negligent or b) if the employee was negligent, that the negligence was not in the course of the employment but rather that the employee was acting as an individual, not an employee. For example, if a person working as a school teacher leaves the premises at lunch time and runs over a member of the public, they are not likely to be acting in the course of their employment. However, if a milkman is delivering his round in the dim morning light and negligently leaves a crate of milk in the middle of the pavement, which a jogger trips over, this would be likely to be in the course of his employment."
Google 'vicarious liability' for relevant cases and law notes.
This is because your contract is between you and the company, and the company is vicariously liable for the actions of the employee.
Vicarious liability
If an employee is negligent either in an act or by an omission while they are working �in the course of their employment� the employee will be �vicariously liable.� This is the case even if the employee�s conduct was not sanctioned by the employer. An employer will not be vicariously liable if either a) the employee was not negligent or b) if the employee was negligent, that the negligence was not in the course of the employment but rather that the employee was acting as an individual, not an employee. For example, if a person working as a school teacher leaves the premises at lunch time and runs over a member of the public, they are not likely to be acting in the course of their employment. However, if a milkman is delivering his round in the dim morning light and negligently leaves a crate of milk in the middle of the pavement, which a jogger trips over, this would be likely to be in the course of his employment."
Google 'vicarious liability' for relevant cases and law notes.
1 to 9 of 9
