You are a delivery driver for Fedex, a limited liability entity. Your phone rings and by looking at it while driving you fail to notice a stop-light partially hidden by an overhanging tree. You fail to stop and in going through the junction you hit another car correctly coming across the junction. The phone call was from your boss.

Discuss where does liability rest and why?

Miss Y is walking on a public sidewalk past a building site operated by ABC Builders, an LLC. A piece of loose scaffolding, blown by a gust of wind, falls on her and injures her badly. The scaffolding was erected by an independent contractor appointed by ABC Builders - EFY Inc. who were chosen by one of the owners of ABC. A little investigation shows that EFY Inc has a very bad safety record in the erection of scaffolding.

Where does liability lie and on what basis? Does anyone control the wind? Does Miss Y have to prove anything to succeed in her claim?