Question

Mutuku employed Mwanzia as a petrol tanker driver. While petrol was being off-loaded from the tanker at a petrol station, Mwanzia, who was standing nearby, lit a cigarette. Unfortunately, the petrol tanker caught fire and burnt the whole petrol station, injuring several people. Mpole, the owner of the petrol station, is angry and seeks your advice on whom he can sue. Advise Mpole.

a) Mutuku
b) Mwanzia
c) Both Mutuku and Mwanzia
d) The petrol station

Answer 1

Mpole can sue both Mwanzia for negligence and Mutuku under the doctrine of vicarious liability, as Mwanzia’s actions of lighting a cigarette near a petrol tanker led to the fire and Mutuku may be held responsible for his employee's actions during work.

Step-by-step explanation:

Mpole, the owner of the petrol station, can potentially sue both Mwanzia, the petrol tanker driver, for negligence for lighting a cigarette near the tanker, and Mutuku, the employer of Mwanzia, under the doctrine of vicarious liability for the actions of his employee during the course of employment. It's important to consider the legal principles such as 'respondeat superior' which might hold the employer responsible for the actions of the employee. Furthermore, investigation into safety protocols and the terms of employment might yield additional factors that could influence the decision of whom to sue.