Company provided equipment stolen. Am I liable?

UPDATED: Oct 1, 2022

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Company provided equipment stolen. Am I liable?

I am employed by a company company A where I am required to use my personal vehicle for travel. We are contracted by Company A to do work for Company B. Company B requires us to have specific equipment non-safety/OSHA to complete our work. Company A provides required equipment as mandated by thier contractual obligation with Company B. If the equipment is damaged/stolen from my personal vehicle am I responsible for repayment? Note Company A has no invoice, serial numbers or any provideable records of having owned said equipment as requested by both the authorities and my insurance.

Asked on May 29, 2018 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You would be responsible if you can be shown to have been at fault--that is, if the theft is due to your intentional wrongful act (e.g. collaborating with someone to steal and sell it) or more likely negligent or unreasonably careless act, such leaving the equipment in plain sight in your car (instead of putting it in a trunk or covering it up) or failing to lock the car so anyone can open it up and take the equipment. It is fault--doing something careless or wrongful that contributes to a theft--that can make you liable.
Conversely, if you are not at fault--you did nothing wrong--you would not be liable.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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