Fellger hired Saul to work for him in his plant nursery. As Saul was watering plants, he pulled hard on the hose causing Jillian, a customer, to fall and injure herself. When a court considers whether or not Fellger would be liable as an employer, the court will see if Saul ________.
A) purposefully tried to injure Jillian.
B) was working within the scope of his employment.
C) allowed Jillian contributed to her own injuries.
D) knew he was being negligent.
E) knew the hose would cause an injury.

Question

Quizplus · Accepted Answer

The court will primarily consider if Saul was working within the scope of his employment when the incident occurred. If Saul's actions were part of his job duties (watering plants), then Fellger, as the employer, could be held liable for Saul's actions under the doctrine of vicarious liability.

Fellger Hired Saul to Work for Him in His Plant