Total Articles: 4
California Appellate Court Addresses when Employers Are Liable for Injuries Caused by Their Employees
Under facts never before addressed by a California court, a California Court of Appeal recently ruled that when an on-duty employee injures an individual while engaging in arguably personal pursuits, the employer is still liable for the injuries. Vogt v. Herron Construction, No. E052434 (Fourth Dist., Div. Two Nov. 1, 2011).
LIABILITY FOR THE REGULAR COMMUTE
When it comes to liability for employees’ actions away from the workplace, employers may be responsible for activities and behavior beyond their control. Under the doctrine of respondeat superior, an employer may be held liable for an employee’s negligence or other misconduct when committed within the scope of his or her employment. For example, when an employee is involved in a traffic accident while driving on company business, the employer may be held liable simply because the employee was on the job and driving for the employer’s benefit.
Commuting Employees—Potential Employer Liabilities
In a recent decision, the California Court of Appeal expanded the potential scope of employer liability for vehicle accidents caused by employees. As a result, employers now need to be concerned that they might be liable for the negligent driving of commuting employees who have used their personal vehicles for work purposes. Thus, even where an employee's use of his or her personal vehicle is not an express condition of the job, an employer might be liable for accidents caused by an employee during his or her commute to and from work if:
Employer Tort Liability Update: Employer Held Liable For Employee Auto Accident During Commute Home.
An employee of Warner Bros. Entertainment was returning home after a three-day business conference. He left the airport and was driving his regular commute route home when he was involved in a car accident that injured two pedestrians, and killed a third person. Is Warner Bros. liable for the accident?
