Potential liability - Essay Example

Potential Liability of Parties Mr. Dewey Cheatum can hold vicariously liable both Dawn and her employer Fast As We Can Delivery claiming that Dawn was negligent in her driving while liability of the employer was based on the legal definition of vicarious liability wherein one person is liable for the negligent actions of another person, even if the first person was not directly responsible for the injury ("Auto Accident", n.p). In this case, Dawn was serving the interest of the employer to deliver the package to DNA through the order of the supervisor.

Anent the DNA Lab, its potential liability would be that of an employer too. Since it was its interest being served at the time of the accident, Mr. Cheatum can claim that it is liable being an employer of its Agentm, Dawn.Potential Defenses:As to Dawn, she can claim that she was not negligent in her driving. That it was Mr. Cheatum who was at fault. She can claim that she was driving in the prescribed speed limit and was on the right lane and that the accident was due in fact to the negligent act of Mr. Cheatum. As to Fast As We Can Deliver, it can claim that it has exercised diligent in hiring and supervising its employee, Dawn.

That the strict liability clause, or the respondeat superior or the vicarious liability clause will not apply to him since at the time of the accident, Dawn has already finished her shift. Hence, she was not at work when the accident happened. As to DNA lab, it should not be held liable since there was no employer-employee relationship between them because Dawn was not an employee of the lab but an employee of FAST. The vicarious liability will not apply to them. WORK CITED"Auto Accident Injury Due to Vicarious Liability". (n.d.) Retrieved from website: http://www.

caraccidentattorneys.com/resources/auto-accident/fault-in-car-accidents/vicarious-liability-owner-driver.htm. Accessed on June 14, 2011.