The Kingston Maroons Corp (usually known simply as the Maroons) owns and operates both a hockey team by that name and the Kingston Arena.The Maroons employ Gilbert Douglas, who is the team's star player.During a recent game, Douglas was sent to the penalty box by the referee.Unhappy with the referee's decision, Douglas slammed the penalty box door shut.That caused the protective glass attached to the penalty box to shatter.Cherie, a fan who was sitting nearby, was cut by the broken glass.The evidence proves that the accident was caused partly by Douglas's carelessness in slamming the penalty box door shut, and partly by the fact that the Maroons organization had carelessly installed the protective glass.Both Douglas and the Maroons therefore committed the tort of negligence.Which of the following statements is probably TRUE?

Question

Quizplus · Accepted Answer

Both the Kingston Maroons Corp and Gilbert Douglas committed the tort of negligence, and therefore they are both liable to pay compensatory damages to Cherie. The fact that Douglas may be classified as an employee or independent contractor does not change the fact that he was partly responsible for the accident. Similarly, the workers' compensation scheme only applies to cases where the injury arose out of and in the course of employment, which does not seem to be the case here. Vicarious liability may apply if the Maroons are found to have been negligent in their supervision or control of Douglas, but that does not absolve him of personal liability. Therefore, the most plausible option is C.

The Kingston Maroons Corp (Usually Known Simply as the Maroons)