Can an employer be in trouble if they knowingly send an employee home drunk and that employee gets into a car accident?

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Can an employer be in trouble if they knowingly send an employee home drunk and that employee gets into a car accident?

An employee drank before their shift and came to work intoxicated. Once the manager realized they were drunk, he said the employee needed to leave.

The employee drove away and a little while later they got into a car accident with another vehicle. Does the employer have any responsibility since they knew

the employee had been drinking and sent them home anyway?

Asked on May 23, 2018 under Accident Law, Arizona

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The employer is liable for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable employer would have exercised under the same or similar circumstances to prevent foreseeable harm).  
The party not at fault in the accident could sue the employer for negligence to recover damages (monetary ciompensation) for the property damage (cost of repairs to their vehicle) and if injured in the accident, compensation for the medical bills, pain and suffering (an amount in addition to the medical bills) and wage loss.


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