Is employer responsible for constant flat tires if the employee parking area is filled with screws?

The area where employees are allowed to park is in a high traffic area for the workers in the shipping and receiving department to use to move woodend crates to a holding area. They tend to just back the screws that hold the tops down just enough to get it open. So while they are moving it the screws tend to fall out andemanding just sit in the lot until someone picks one up in a tire which I have more than a few times can they be held responsible for employees’ tires.

Asked on February 21, 2016 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF you can show that the employer has been made aware of the problem previously AND that there is some reasonabe (not too expensive or disruptive) way to fix the problem AND that despite having a solution, they failed to implement it despite having time/opportunity to do so, you may be able to hold them liable...that's because you would have to show that the flat tire is the employer's fault, in that they have acted wrongfully. And even if you can do that, bear in mind that if they will not voluntarily pay for the tire(s), you'd have to sue them for the money...and that if someone does this, they may respond by simply closing the parking lot to employees, so you all have park elsewhere.


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