Question

Cassie works as a salesperson at Lumber Needs. While demonstrating to a customer how to use a power saw, she accidentally cuts the customer on the arm, requiring a visit to the hospital and several stitches. Which of the following is true of the scenario
a. Lumber Needs is not vicariously liable because it was an accident
b. Lumber Needs is vicariously liable because Cassie was not acting within the course of employment.
c. Lumber Needs is not vicariously liable because Cassie was not acting within the course of employment.
d. Lumber Needs is vicariously liable because Cassie was acting within the course of employment.

Answer 1

Answer:

d. Lumber Needs is vicariously Liable because Cassie was acting within the course of employment

Explanation:

Vicarious Liability

Vicarious Liability is a third party responsible liability. Someone else is liable for another's actions or errors. This liability is usually because the one originally liable has been proven to be working within the course of agreement of the third part as at the time the liability occurred.

This type of liability is usually taken in the workplace, where an employee working within the context of his/her working condition or agreement with the employer commits a liability. As such the employer is liable for the act.

Cassie was demonstrating a power saw as a salesperson of Lumber needs, therefore, she was working within the context of her agreement with Lumber needs.