Question

Bob, a sole proprietor, owns a well-know aquatic park in the city of Bakersfield. One day, one of Bobs worst employees was messing around with the music system set up in the back. Without acknowledgement, Bob’s worst employee tripped on a wire and accidentally cut the wire to the point were there was a dangerous shortage. John, Bob’s newest employee noticed the accident and immediately notified Bob. Without taking a second look, Bob told John, “I am sure it’s not big deal, just get back to work.” Next week, a child was playing near the pool in the back and when jumping in the pool, the child tripped on the cord and got electrocuted. The child had 3rd degree burns resulting in a hospital bill of $160,000. The child’s mother consults with you and asks whether they have a personal injury claim against Bob, even though it was Bob’s employee’s fault? Please use IRAC.

Answer 1

Issue - Is Bob liable for his employee's fault.

Rule - An employer has vicarious liability for the actions of his /her employee. Under  agency relationship, the employer is liable for whatever his /her employee does during the course of a job.

Application - Bob's employees acted negligently while dealing with the situation. Bob himself was negligent to the situation by overlooking imminent danger. Bob, being a sole properietor, is  liable for the fault of the employees as entire incident happended during course of their jobs.

Conclusion - Bob is liable for the burns caused to the child due to negligence of his employee and would have to pay for the damages caused by the act including the cost of treatment and other incidental expenses.