Legal Question in Civil Litigation in California
As an employee of a pool construction company, I was asked to pick up pool equipment from a local supplier on my home from work for two reasons. 1. It was convenient in terms of logistics and 2. I was the only one with a vehicle that would accommodate the items. I made all efforts to secure the boxes in the truck tying them down and covering with a blue tarp and further securing the tarp. The truck was backed up on my driveway for the night. Some time after dark, the equipment, ropes, bungee cords and tarp were all stolen. I contacted the local police who completed a theft report and took some finger and palm prints. I submitted a claim to my homeowners insurance company attempting to recover for the loss. The claim was denied. Am I legally obligated for the replacement of this equipment.
2 Answers from Attorneys
No, your insurance company denied the claim because your employer is liable. They need to put in a claim under their insurance.
You wouldn't be liable unless it was found that you were grossly negligent, had engaged in willful misconduct, or actually stole the materials yourself.
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