Results 1 to 5 of 5

Thread: Parties to be sued in the following scenario of damages

  1. #1
    Bronze Member KristiKat's Avatar
    Join Date
    Feb 2014
    Location
    GAUTENGALENG PLACE OF GOLD
    Posts
    178
    Thanks
    84
    Thanked 16 Times in 15 Posts
    Blog Entries
    4

    Parties to be sued in the following scenario of damages

    What happens if a company leases a truck to another company,

    and the latter company's driver gets into an accident with another car.

    and the owner of the car wants to sue for damages.

    who can they sue?

    a) the owner of the truck?

    b) the driver of the truck?

    c) the one that hired the truck?

  2. #2
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,332
    Thanks
    38
    Thanked 566 Times in 413 Posts
    Blog Entries
    7
    The driver and the leasing company. The leasing company is the employer and vicariously liable.
    The owner of the truck should have a lease agreement that excludes him from liability.
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

  3. Thanks given for this post:

    newBix (02-Mar-14)

  4. #3
    Bronze Member KristiKat's Avatar
    Join Date
    Feb 2014
    Location
    GAUTENGALENG PLACE OF GOLD
    Posts
    178
    Thanks
    84
    Thanked 16 Times in 15 Posts
    Blog Entries
    4
    But the company who leased the truck is not the employer of the driver who caused the collision....

    the driver was employed by a company that hired the vehicle/truck that got involved in the accident.

    it would be a different story yes,

    if the driver was in the employment of the COMPANY who leases the trucks.
    “Curiousity is the discovery of satan, the devil was hidden and far, now he stares everyone in the face.” ― Michael Bassey Johnson There is evil! It's actual, like cement... I can't believe it. I can't stand it. Evil is not a view... it's an ingredient in us. In the world. Poured over us, filtering into our bodies, minds, hearts, into the pavement itself.

  5. #4
    Site Caretaker Dave A's Avatar
    Join Date
    May 2006
    Location
    Durban, South Africa
    Posts
    22,648
    Thanks
    3,304
    Thanked 2,676 Times in 2,257 Posts
    Blog Entries
    12
    Given the circumstances, and re-applying Anthony's point - "the driver and the driver's employer", perhaps?

  6. Thanks given for this post:

    newBix (02-Mar-14)

  7. #5
    Platinum Member sterne.law@gmail.com's Avatar
    Join Date
    Oct 2009
    Location
    Durban
    Posts
    1,332
    Thanks
    38
    Thanked 566 Times in 413 Posts
    Blog Entries
    7
    RAF?
    Anthony Sterne

    www.acumenholdings.co.za
    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

Similar Threads

  1. Unions beware - liable for damages from strike
    By sterne.law@gmail.com in forum Labour Relations and Legislation Forum
    Replies: 2
    Last Post: 14-Jun-12, 04:04 PM
  2. Parties to High Court Proceedings
    By Citizen X in forum General Business Forum
    Replies: 5
    Last Post: 07-Jan-12, 11:25 PM
  3. [Question] Business Scenario Manufacturing
    By Blurock in forum General Regulatory Compliance Forum
    Replies: 6
    Last Post: 31-Aug-11, 09:33 AM
  4. [Article] Worst Case Scenario
    By IanF in forum South African Politics Forum
    Replies: 12
    Last Post: 06-Dec-10, 09:43 PM
  5. Strike damages.
    By Dave A in forum General Regulatory Compliance Forum
    Replies: 0
    Last Post: 29-Jun-06, 10:01 AM

Tags for this Thread

Did you like this article? Share it with your favourite social network.

Did you like this article? Share it with your favourite social network.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •