Legal Question in Employment Law in California
Auto Fatality on way home from Night Work
A friend worked at a hotel in
California, doing overnight
work. After completing her
work she drove home and
was instantly killed in her
auto. Cause of death was
deemed asleep at wheel. Broken
neck. How can we find out if
she had a proper brake at
work? Surveillance camera on
front desk where she worked,
and other employees said boss
watched the camera for any
employee falling asleep.
1 Answer from Attorneys
Re: Auto Fatality on way home from Night Work
Sorry, whether she had a break or not, you are not going to establish wrongful death causation against the employer on those facts. Think about it: she would have been just as tired after shift with or without the break. On your logic, any employee that is tired after work and has an accident could blame the employer.