Russ owns a construction company and manages 10 employees. He has an extensive employee manual that clearly lays out the company's policies and expectations for its workers. The manual expressly forbids drinking alcohol during the work day. Nevertheless, one of his roofers drinks a few beers at work and ends up injuring a passerby when he throws some tools down from the roof. The injured party sues.

Is Russ liable for the tort?

• Yes, Russ is vicariously liable according to the "zone of risk" test because the roofer was at the worksite performing his job, and his actions were foreseeable.
• No, Russ would only be liable if the injured party were another employee.
• Yes, Russ is directly liable because he was the person who hired the roofer in the first place.
• No, Russ is not liable for the roofer's actions in this case because the employee manual forbade drinking on the job.