Principle: An employer is liable for an injury caused by an employee in the course of employment.
Facts: 'A‘ and 'B‘ were working in a factory as unskilled laborers. A was carrying a basket of stones on his head. B was sitting on the ground. When A crossed B, all of a sudden a stone fell down from the basket and hit B on his head. B died instantaneously.
Options
The employer will be liable
The employer will not be liable
A will be liable
Both employer and A will be liable
Solution
The employer will be liable
Explanation:
In this case, the employer is liable for the injury caused. It does not matter whether or not he is at fault or whether he is the direct cause of injury. Even if the injury is caused to an employee due to the negligence of another employee, the employer is liable because the principle clearly states so. The principle says, “An employer is liable for an injury caused to an employee in the course of the employment.”
