Ashley is preparing to open her restaurant and interviewing potential staff at her rented restaurant iocation. Ashley's landlord, ABC Ltd. has allowed her into the premises before the start of the [ease so that she can complete some improvements prior to opening. Gerald is a tiling contractor whom Ashley has hired to put down a porcelain tile floor, and he has unpacked his tools — including a tiie saw — in the centre of the dining room area. When Ashley completes her interview with Shelley, an applicant for the position of hostess, Shelley turns to leave and trips over the tile saw. She chts her leg and it is bleeding but she does not want to let Ashley know she is hurt so she does not complain. She does not go to the hospital until three days later after she hears that she did not get the job. The cut is so deep that it requires stitches to close, and the doctors tells her she should have come to the hospital immediately. Now it will leave a permanent scar. What are Shelley's causes of action? Against whom? Explain your reasons. Would it had made a difference if Ashley's lease has already started? Why or why not?
Answer & Explanation Solved by verified expert Answered by Expert-tips Question 1 Shelley can sue Gerald for the breach of his duty of care for the users of the dining room area. Gerald is an independent contractor. Generally, employers are not liable for the negligent acts of the independent contractors except for the inherently dangerous activities No, I would not have made a difference if Ashley's lease has already started. This is because Gerald is a tiling contractor who cannot be considered Ashley's employee nor ABC Ltd. Employee Step-by-step explanation