A truck driver is hired on as an employee and is tasked with

A truck driver is hired on as an employee and is tasked with driving 1000 pounds of grain from California to New York. There is one direct route that the employee is instructed to take. The employee decides to go a different route because their favorite haircutter is on the different route. When exiting for the hair saloon the truck driver runs over a elderly man. Who is liable for the man\'s death? The company or the driver? Why? Be sure to use references from the text to support your response.

Solution

Answer: In this case the company is liable to any claims made by the decesed family. The reason being an employer may be liable for negligence in hiring or retaining an employee. Under this cause of action, the employer is liable because he or she failed to exercise reasonable care when hiring a worker. The employer is liable because of his or her own negligence, not because of imputed employee negligence.