You’re doggone right she can! The customer scalded by hot coffee in Starbucks sued not only the Starbucks corporation but the barista who spilled the stuff all over her hands. You’re not allowed to sue individuals for negligence while they’re acting within the scope of their employment, the barista’s lawyer argued. “Respectfully, the general rule is the opposite,” the court replied in refusing to dismiss the claim. A third party can sue an employee for negligence regardless of whether the employee engaged in the conduct while working for someone else [Sataur v. Starbucks Coffee Canada Inc., 2017 ONCA 1017 (CanLII), Dec. 22, 2017].
SUBSCRIBE TO OUR OHS TIPS, COMPLIANCE NEWSLETTER AND WEBINAR INVITES