Liability (Driver / Passenger) ??

When a tort committed, the Taxi-driver bear the liability to compensate the occurance of injury of the passenger.

In case the driver is not self-employed, then he has to be defined whether he is employed under a contract:

**Employers are vicariously liable for the torts of their employees that are committed during the course of employment.

Reasons for Vicarious Liability:

(1). The employer has the “deepest pockets”. The wealth of a defendant, or the fact that he has access to resources via insurance, has in some case had an unconscious influence on the development of legal principles.

(2). Vicarious Liability encourages accident prevention by giving an employer a financial interest in encouraging his employees to lake care for the safety of others.

(3). As the employer makes a profit from the activities of his employees, he should also bear any losses that those activities caused.

Four (4) questions must be asked in order to establish liability:
(1). Was a tort committed?
[Tort refers to an employee, during the course of employment, involved in a wrongful conduct of personal injuries or property damage which will be liable for compensation.]
(2). Was the tortfeasor an employee?
[Not an independent contactor]
(3). Was the employee acting in the course of employment when the tort was committed?
[Tort occurred during working hours etc. ]
(4). Was the employee discharge duties within authority and not in prohibited mode?
[Is the employee’s action under the control of employers? Or his action is permitted by the employer]

Liability 指架車. 唔係個司機. 故 if the passenger hurt someone while he/she is opening the door of the taxi. injured person can claim from the taxi.