Is my employer liable for my car that was destroyed by a tornado while I was at work?

My employer sent the rest of my coworkers home early due to a tornado warning
but I had to stay to close out and was still working when the tornado destroyed our
workplace. My car was destroyed as well. Is my employer liable for damages?

Asked on March 7, 2017 under Accident Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, your employer is not liable for your car. They did not cause the tornado and are not at fault for it. While you say that they made you stay, you voluntarily chose to--you could have left after all, if you had chosen to, even at the risk of being fired. You however chose to take a risk in order to sustain your job. While thay may have been a reasonable choice, it was still your choice; your employer is not liable because of your choice to stay in a potentially hazardous area or zone.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, your employer is not liable for your car. They did not cause the tornado and are not at fault for it. While you say that they made you stay, you voluntarily chose to--you could have left after all, if you had chosen to, even at the risk of being fired. You however chose to take a risk in order to sustain your job. While thay may have been a reasonable choice, it was still your choice; your employer is not liable because of your choice to stay in a potentially hazardous area or zone.


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