Question

Harry has caused a horrible accident at Marcus’s store. While working on the shelves they collapsed injuring several people. Harry drives his own truck to stores when he works on the shelves. He has tools, but all of the tools he was using were provided by Marcus. Harry was told to arrive at 7:30. When he got to the store, Marcus told him that the tools were in the back room and to start with isle 4 since it needed the most work. Does harry fit the definition of an Agent / Employee, or is he an Independent Contractor? Will Harry be liable for the injuries caused under Respondent Superior?

Answer 1

Respondent Superior indicates that the parties are responsible for the actions of their agents.

The basic difference between the employee and independent contractor is that the actions of the employees are highly regulated by the employer, tools and other equipment are provided by the employer. The time and nature of the work are also communicated by the employer. Looking at all these facts, it is clear that Harry is an employee of Marcus's store.

As Harry was working the job specified by the employer thus all the injuries caused to others will be under his employment periphery and thus the concept of Respondent Superior will be implemented here and the damages to the injured parties are to be paid by Marcus.