Tennessee Man Stabbed at Haunted House
A Tennessee man was stabbed at a haunted house and an employee at the attraction has been suspended. The man was stabbed in the arm when he and his friends were attending a haunted house in Madison. They had been chased by chainsaws and other items, and the man says he expected the knife that stabbed him to be fake. But when the employee stabbed him, it became obvious that it was very real. The employee who is believed to be involved in the incident has been suspended. The man’s arm received nine stitches to treat the wound.
Employer Liability for Employee Actions
If you are injured in an accident due to someone’s negligence, your first thought is to sue the individual for the damages resulting from the accident. However, there is a twist to the accident that you might not realize if the person that injured you is the employee of another person or company and was working at the time of the accident.
If this is the case, not only can you possibly sue the individual, but you may be able to sue their employer as well. This is a legal concept called vicarious liability, also known as respondeat superior. This simply means that an employer is liable for the actions of their employers if the following conditions are met:
- The individual causing the accident is the employee of the employer.
- The negligent employee that caused the accident was acting within the scope of their employment when the accident happened.
When Does Vicarious Liability Apply?
For vicarious liability to apply, an employee/employer relationship must exist. It is important to know if this type of relationship exists when you are injured by someone who is doing their job. The primary reason for this is because the employer’s insurance coverage will likely cover your losses. In most situations, a company is much better suited to pay for damages than an individual.
Is the Individual an Independent Contractor or Employee?
Determining if an employee/employer relationship exists is done through careful examination of the facts regarding the situation. The state of Tennessee says that several factors must be taken into consideration when deterining if an individual is acting as an independent contractor or an employee. These factors include the following:
- The right to control the work.
- The right to terminate employment.
- The manner in which the person is paid.
- The ability to fire and hire the individual.
- The responsibility of providing tools and supplies to work.
- Freedom of daily work schedule.
- Freedom to work for other companies.
The most important thing to note is the individual’s ability to control the work and how the work is accomplished. If the individual isn’t operating under the control of an employer and has the ability to control their actions regarding the performance of the job, they are likely working as an independent contractor. If this is the case, the company is not likely responsible for their actions.
Contact an Experienced Personal Injury Attorney Today
If you have been injured by the negligence of another person, it is essential to contact an experienced personal injury attorney. They will be able to discover all possible sources to recover your damages and ensure that you get the compensation you deserve. The Nashville attorneys at Calhoun Law, PLC have years of experience helping their clients navigate the complex legal system and can help you too. Contact us today to schedule a consultation.