Damage to personal vehicle on businss property during course of work.

This is a very different situation so please read carefully. I was working security for a two weekend concert festival. I was to be part of the 24 hour security from the beginning of the concert set up to the tear down. My first day there I was told to take my car down to one of the gate and set up there. My boss had been there for days and new the layout. He had a superduty ATV to get around. At the end of the shift I realized I was trapped. The gate entrance was impassable by cars on trucks go make it through. The way I can in was mostly dirt and wood chips. The festival and set up a makeshift road in which they had laid down snap together plastic panels and then overlaid a second metal portable road surface. It was literally a tank trap. My car is fairly low to the ground. I tried every option to find a smooth way to transition onto the dual road surface. I was not given a radio and my cell had died during the 12 hour shift. I did my best to eaze up the dual step, and finally made it over. On my way home my car overheated, I had severely damaged the radiator and the frame was bent. Does the employer have any responsibility having sent me there having knowledge of the terrain

Asked on October 7, 2018 under Accident Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, they are not liable. You chose to drive over the "tank trap": you could have refused to have taken your car there--granted, possibly at the cost of your job, but that was *your* choice to make: was it worth risking your car for this job or not? Having chosen to comply and drive your car down there, despite the "dual step," the "dirt and wood chips," the "makeshift road," etc., you are responsible for the consequences. The problem is, you had no right to or guaranty of a job--and conversely, the most your employer could have done if you refused to use your car for this would have been to terminate you. You had to weigh your job vs the proposed use of your car. You chose to use your car and follow your employer's instructions; that being the case, the law considers this *your* voluntary act, and will not hold another liable for your voluntary act.


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