Is a store liable for an accident caused by one of its employee’s in in the store’s parking lot?

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Is a store liable for an accident caused by one of its employee’s in in the store’s parking lot?

I was shopping and when I came out to the parking lot I saw that a car had jumped a curb and hit my car. The driver was a store employee on their lunch break, however they were unlicensed and uninsured. I contacted the police and basically had to plead with them to come out since the accident occurred on private property. Once there, they said that the driver had been going too fast. What can I do to get my car fixed? Can I sue the store since it was its employee who caused the accident?

Asked on May 25, 2015 under Accident Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless the employee was on company business, or possibly even if they weren't but was driving a company vehicle, their employer bears no liability for the accident. Accordingly, since the employee was in their own vehicle on their lunch hour, I'm afraid that the store is not responsible for paying the damages to your car.


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