Charles is a door attendant for Lion Light LLC, an entity that owns a chain of nightclubs throughout Florida. One night, while working at one of Lion Light club. Charles alerted to a drunken patron who has been kicking the toilet doors and has caused substantial property damage. Charles ejects the patron, but in so doing, breaks the patron's arm. Is Lion Light LLC liable for the patron’s injuries? Would your answer differ if Charles had been expressly prohibited from manhandling troublesome patron?
Yes in the first case, i believe that lion light club is somehow responsible for the injury of the patron.
Under law , if an employee of an organisation while doing his job or performing the duties faces any such situation which might intentionally or unintentionally lead to an injury to an individual or cause any harm, then the employer (here LLC ) will be hold responsible for the act and liable for the actions of his employee.
The employer is supposed to guide the actions of his employee and prepare him for facing any such situations
Therefore in this case , the lion light club is responsible for the unintentional injury of patron
If charles had been expressly prohibited from manhandling troublesome patron that would have mean he had been clearly instructed not to eject the patron or involve in any such activity that could lead to his injury or any harm. This would mean that company was clean on his part and had warned the employee through a clear explanation.
As under law an employer can be hold responsible until the act of an employee somehow relates to the duty or job.
But in case the actions deviate a lot from the original job of an employee , moreover for which an employee is already prohibited to act, then in that case the actions performed by the employee is a personal detour for which employer cannot be hold responsible .
Detour means when the action of an employee deviates from the duty to a great extend
Thus in this case the employee , (here the door attendant) was himself responsible for his act and performed it irrespective of clear instructions. Thus LLC cannot be blamed.
Dear student hope i explained well.
Answered only after a detailed research about law.
Thank you n sorry for any typing mistaken
Good luck
Charles is a door attendant for Lion Light LLC, an entity that owns a chain of...