What is an employer’s legal responsibility towardsan employee if the employee’scar is damaged in the employee parking lot?

If an employee is required to park in a fenced-in “employee parking” area but the employer refuses to accept responsibility for any damage incurred by big rigs and fueling trucks coming and going in and around the employee vehicles in that area, is there some labor law or employer facility responsibility on a legal basis toward its employees in such a circumstance?

Asked on July 19, 2010 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

As a general proposition, employers are not liable for damage done to employee cars in the employer's lot. However, if  the damage was  done by agents, contractors, other employees, etc. of the employer in the normal course  of business--e.g. the employer's fueling trucks--then if the employer had a sufficient degree of control over them, it may be liable for their actions. Also, in addition to that, or even instead of (if the employer did not have sufficient control over the parties who caused the damage to be liable for their actions) the above, the employees' whose vehicles are damaged may be able to sue the owners or driver of the fuel trucks and big rigs directly--they would be liable as the parties negligently causing damage to the employees' vehicles.

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