Kent is retained by Mighty Manufacturing Inc to perform weld

Kent is retained by Mighty Manufacturing, Inc. to perform welding. He was specially trained in safety precautions applicable to installing replacement mufflers on automobiles including a rule against installing a muffler on any auto that had heavily congealed oil or grease or that had any leaks. One day when he was asked to weld a customer’s muffler, Kent disregarded this rule and as a result a customer’s auto caught fire during repair, causing injury to Kent, the car and the Mighty Manufacturing shop. Explain who can sue whom for what.

Solution

Mighty is liable to the customer irrespective of its efforts to prevent such an occurrence and its exercise of reasonable care.