1. The Fountainhead
Jim, our client has suffered severe injuries after an employee of a dynamite blast company, contracted by the State of Ohio, was negligent in failing to prevent him from entering its danger zone. The company claims, notwithstanding the employee's error, the street warning sign was sufficient to prevent harm. .
ARGUEMENT.
In order to win a claim of negligence, four elements must be shown by Plaintiff against Defendant, that of 1) duty, 2) breach of duty, 3) cause and 4) harm. .
Gravel is Us ("Gravel") had a duty to prevent vehicles from entering into a danger zone during its dangerous explosion activities. Gravel breached its duty when its employee fell asleep allowing Plaintiff's vehicle to enter its danger zone. Had the employee performed his job under a reasonable standard of care, the Plaintiff would have been prevented from entering a danger zone thereby preventing his injury. The Plaintiff suffered harm resulting from the employee's negligence in which a foreseeable event of an explosion resulting from Gravel's activities injured him. .
Employers are vicariously liable, under the doctrine of Respondeat Superior for negligent acts or omissions by their employees in the course of employment. For an act to be considered within the course of employment it must either be authorized or be so connected with an authorized act that it can be considered a mode, though an improper mode, of performing it. .
The Court in Bricker v. Snook, (1989) Ohio App. LEXIS 1076 stated "It is the universally accepted rule that an employer is liable for personal injuries or the death of another person, or injury to another person's property caused by his employee's negligence, misconduct, misfeasance, or wrongful, improper, or unlawful acts, when done within the scope of his authority, whether the authority is express or implied, or inferred from the general course of business." .
Moreover, based on Ohio State law, strict liability is imposed on those who use explosives regardless of the care that is exercised.
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