If my vehicle was damaged in a hail storm while working at my pizza delivery job, is my empoyer liable?

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If my vehicle was damaged in a hail storm while working at my pizza delivery job, is my empoyer liable?

The weather conditions were reported on the news. I was wandering if they are responsible since they knew their could be hail and had us continue to deliver in such hazardous conditions. My car now has flooding damage, as well as dents all over as a result.

Asked on April 4, 2012 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No, your employer is not liable for damage to your car due to the weather:

1) Your employer is not, of course, responsible for the weather--weather is, in insurance parlance, an "act of god." For there to be liability, the purportedly liable person must have actually been responsible for (caused) the damage.

2) You could have refused to drive if you though it was too dangerous--at most, you would have lost your job (i.e. they can't actually "force" you to drive). You chose to drive despite the warnings; ergo, you assumed the risk of damage.


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