Question

McBain Truck Company had an established rule that its truck drivers were not allowed to carry passengers in the trucks. Further, this rule was included in the contract between the union and the company. Balsom, a driver for McBain, invited a friend to ride in his truck on a day’s delivery trip. As a result of Balsom’s carelessness during the trip, the truck was involved in a collision and his friend was seriously injured.

a. Is the employer responsible to third parties for injuries caused by an employee in the normal performance of employment?

b. Would Balsom be held responsible for the injuries?

c. Is an employer liable to third parties for all actions of an employee?

Answer 1

Step-by-step explanation:

a. Yes, an employer can be held responsible to third parties for injuries caused by an employee in the normal performance of employment. This is known as vicarious liability, which is the legal concept that holds employers responsible for the actions of their employees.

b. Yes, Balsom could be held responsible for the injuries. Even though it may not have been his intention to cause harm, he knowingly broke the rule by inviting a friend to ride in the truck and his carelessness on the delivery trip resulted in the collision and injury. The fact that his actions broke the established rule could be used as evidence to hold him liable for the injuries.

c. No, an employer is not liable to third parties for all actions of an employee. The employer is only liable for the actions of their employee if the action is related to the employee's job, and the employee was acting within the scope of their job duties. In this case, Balsom's actions were not related to his job duties, as he was breaking the established rule against carrying passengers in the truck. Therefore, the employer would not be held liable for the injuries caused by Balsom.