What is a valet’s liability regarding damages to a car?

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What is a valet’s liability regarding damages to a car?

I own a valet company. One of my employees was struck by a non-valet car that was driving through our parking lot to another destination. My employee got knocked off his feet onto the hood of the car. Angry after getting struck, he punched the car’s hood, resulting in a nice little dent. Since this was not a valet vehicle and my employee was not operating a vehicle at the time, who is responsible for the damages to the car? My company? My employee? The driver of the car who hit my employee?

Asked on August 7, 2012 under Accident Law, Texas

Answers:

Leigh Anne Timiney / Timiney Law Firm

Answered 8 years ago | Contributor

Likely your employee would be responsible for the damages to the vehicle.  As an employer, generally you are not responsible for damages caused by your employee unless the damage occures while your employee is acting within the normal course and scope of their employment and acting to benefit their employer.  In this case, your employee punching the hood of a vehicle which just struck him is not acting for the benefit of his employer.  


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