Thank must take place in the employment for the

Thank you for contacting me regarding your issue. I am feeling very sorry for what you have been through and the causation that you have experienced. From your given information I have understood that you have been working for UC Building Supplies Ltd company in their warehouse. I have also understood that colleague who was driving a forklift truck negligently reversed into you, meaning that he was careless. I understand that this situation has caused you very serious life-changing injuries. In this letter I will analyse the law relating to vicarious liability.The most important thing of the principle of vicarious liability is the relationship between employer and employee. Often, it is not worth it suing the individual employee of the damages that have been made. However, the employer or the company might have insurance cover or greater resources, you never know. You can refer vicarious liability to that situation when someone is responsible for other person’s actions. If looking at your situation, your employer is responsible for your and your colleagues actions. Vicarious Liability, this term is used to explain the liability of one person for torts committed by another person. However, vicarious liability does not apply to all staff. Incidentally, Vicarious Liability always gives the claimant the ability to hold someone other than the person who committed the tort. Having said that the act must take place in the employment for the vicious liability to apply that means the person must be in employment, otherwise it is not going to apply in the situation. The key reason for the vicarious liability is that it promotes and encourages employers to take care and try to prevent accidents.There are general principles in vicarious liability. These include having a relationship which is recognised as giving rise to vicarious liability for example it can be working relationship, or any other in the workplace. The other one is that the tort must have been committed by a relevant party to that relationship. Usually all claimants receive compensation, however, some judgments include other factors such as admitting their guilt. You can get compensation from your company or your colleague. If wondering you can get it from your company in accordance to your colleague being responsible for that negligence, because this company is working under vicarious liability law. And your colleague is working under this company. Besides, you have to decide which one you want to sue in the court. First of all, you have to find out whether he was driving the forklift in his work time and was is the part of his job to do that. Because the employer is only liable for the employee’s tort committed in the tort of employment. That means if you take the company to court and the person who has injured you was not in employment, you will not get anything.  Furthermore, you must also ask the question “What is the person employed to do this?” That means whether the that specific person’s job was to drive a forklift or was he just doing this for his own enjoyment?It is also very important to find out whether the person who have injured you was a former employee or he might be employed by the agency in that case suing your company would be a big mistake as the company would not be responsible for his actions. If the agency has sent him to cover some shifts it is not worth suing this company as there is no point to do that so.The other important step is to know whether the person that was driving that forklift was trained to do that meaning if your company have took care training this person to do that. As if you take the company to court the company might say that they did everything to prevent this accident and the training was given to him. If he was trained and he made a mistake the company might not take the responsibility for this as they might just say “We have trained him and we do not take the responsibility for his actions”.   Due to the facts in your situation, after analyzing vicarious liability, I advice that you sue your company as you could get more compensation for the damages that was caused by this accident.