1. I was injured by a restaurant waiter who carelessly spilled hot soup on me. Should I sue the waiter and the restaurant owner and claim compensation from both of them?

In most personal injury cases, there may be more than one potential defendant. The most prudent course of action for a plaintiff is usually to commence proceedings against all the defendants (e.g. the waiter and the restaurant owner) after a thorough investigation of each defendant’s position.

However, where a plaintiff only intends to sue an employer for being vicariously liable for the acts of his/her employee, it is usually unnecessary to include the employee as an additional defendant. It may not be necessary to include the employee as a defendant to obtain evidence of any relevant statements that he/she may make because the plaintiff can introduce such statements under the Evidence Ordinance (Cap. 8 of the laws of Hong Kong) and may have a subpoena issued to compel the employee to be a witness in court trials.

You are advised to consult a lawyer before deciding whether to sue the employer only or to sue both parties.