Final answer:
Birch is personally liable for the battery against Max, while Maple's vicarious liability would depend on several factors. An excessive violent act unrelated to Birch's professional duties as a taxi driver makes it less probable for Maple to be held liable. Max should consult with a personal injury attorney for compensation.
Step-by-step explanation:
When Max suffered serious and permanent injuries after being hit by Birch with a brick, the primary legal question centers around liability. In terms of legal responsibility, Birch would likely be personally liable for the battery against Max.
This is due to the fact that the violent act was intentional and not within the scope of his employment as a taxi driver. However, depending on the jurisdiction and the specifics of employment law, Maple, as the employer, could potentially be held vicariously liable if the incident is considered to have occurred in the course of Birch's employment.
In determining Maple's liability, the court would consider factors such as whether the act was related to Birch’s duties, whether it occurred during working hours, and whether the act could have been reasonably foreseen by Maple.
Given that Birch's response was excessively violent and personal in nature, outside of the typical duties of a taxi driver, it would be challenging to hold Maple vicariously liable. Max's best course of action is to consult with a personal injury attorney to explore his options for seeking compensation for his injuries.