Can an employer be held iable if their employee who was on his way to lunch in his personal car, hit me on company property?

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Can an employer be held iable if their employee who was on his way to lunch in his personal car, hit me on company property?

Can the company hold any responsibility sense it’s on there property and there employee. I was at work at the time this incident happened, I was a truck driver picking up a load. My leg was broken.

Asked on August 15, 2012 under Personal Injury, South Carolina

Answers:

Micah Longo / The Longo Firm

Answered 8 years ago | Contributor

The employee was on his way to lunch;  was the lunch within the scope of his employment?  For example, was this a business lunch?

The general rule of vicarious liability, is that an employer is liable for the negligent acts of its employees IF the employee was engaged in activity within the scope of his/her employment.  If the employee was simply "out to lunch," then generally the employer would not be liable.  

Also, as a matter of last resort, is there anything about the design of the parking lot which could be dangerous?

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

The answer depends on the laws in the state where this accident happened.  Generally, employers are held responsible for the acts of their employees if their employees were in the normal course and scope of their employment when the incident occurred.  Without knowing the laws of your state or what state this occurred in, it can go either way whether or not the employee is considered to be within the scope of their employment while they are on their way to lunch.  Either way, you have a valid claim against the employee himself and his auto insurance carrier.  I would suggest you contact an attorney in your area who specializes in personal injury and at least obtain a consultation.  Good luck to you.  


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