Negligence and Intentional Tort Liability in Critter Sitters Legal Case

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Negligence and Intentional Tort Liability in Critter Sitters Legal Case

Jason as an employee of Critter Sitters falls under the doctrine of respondeat superior. This rule of law imposes vicarious liability or secondhand liability on the Critter Sitters when Jason through negligence lost control of the dog in the lobby (Twomey & Jennings, 2014, p. 832). June was knocked to the ground while Jason was acting within the scope of his employment duties (Twomey & Jennings, 2014, p. 833). Furthermore, Critter Sitters is also vicariously liable for the intentional act of Jason when he kicked June in retaliation for complaining because they are answerable for the manner in which its agents conduct themselves in doing the business of the employer (Twomey & Jennings, 2014, p. 833). When a Great Dane named Pooky Bear that was under the control of another employee named June bit Jason, she was negligent in her duties to control the dog (Twomey & Jennings, 2014, pp. 832-833). Critter Sitters is vicariously liable for the injuries Jason sustained to his leg from the dog bite (Twomey & Jennings, 2014, p. 833).

These torts and crimes; intentional and negligent acts, committed by Critter Sitters employees are exemplified by Ralls v. Mittlesteadt, 596 S.W.2d 349 (Ark. 1980) (Twomey & Jennings, 2014, pp. 828-829). Just because Jason was conducting his duties as an employees is no excuse that he is not responsible for torts committed against June, the customer, when he kicked her.

Because Critter Sitters is now a corporation the liability for these claims is limited to the amount of capital that each shareholder has in the business (Twomey & Jennings, 2014, p. 917). However, the required Commercial General Liability (CGL) and Work Compe...

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HREA. (2007). Sexual Orientation and Human Rights. Retrieved April 21, 2014, from Human Rights Education Associates: http://www.hrea.org/index.php?base_id=161

Robinson, B. (2002, December 18). RELIGIOUS FREEDOM RESTORATION ACTS . Retrieved from Religious Tolerance : http://www.religioustolerance.org/rfra2.htm

The Religious Exemption to the Employment Non-Discrimination Act. (2001, August 1). Retrieved from The Leadership Conference : http://www.civilrights.org/lgbt/enda/religious-exemption-1.html

Twomey, D. P. and Jennings, M. M. (2014). Anderson's business law and the legal environment: Comprehensive volume (22nd ed.). Mason, OH: South-Western Cengage Learning.

Work Injury Compensation Insurance. (n.d.). Retrieved April 18, 2014, from Ministry of MANPOWER: http://www.mom.gov.sg/workplace-safety-health/work-injury-compensation/Pages/WIC_Insurance.aspx

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