Legal Question in Legal Ethics in California
liability for damage done to another's property during work
I work for a mobile vaccine clinic for dogs and cats. We set up our clinics in Petco's in Southern California as well as other states. We use the Petco shopping cart to load our equipment and then unload in the store and then pack it up again and roll the cart out to the car and unload the equpiment into the car. So Saturday another co-worker and I are taking the cart out to our vehicle and we bring it down the curb in stead of a ramp that is not anywhere near us. I have done this many times but this time it tips over and falls onto the car. It leaves a scratch and 2 dings on the new Lexus. I can't find the owner so I leave a not along with my companies phone number and my name. When I return back to the office I tell the woman in charge and she said not to woory that their insurance would take care of it. I get a call Monday saying that the car owner called and it will be over 700 dollars and that they aren't paying that I have to pay for it myself. Are they responsible for paying for the repair or am I?
2 Answers from Attorneys
Re: liability for damage done to another's property during work
Your question is answered by the general legal doctrine of vicarious liability, which holds that employers are liable for the torts of their employees so long as the employer-employee relationship is established, the tort was committed within the "course and scope" of the employment, and the employee herself would be liable for the tort (a whole separate analysis in and of itself).
Your case seems to fit the elements of vicarious liability, so the doctrine would apply in a lawsuit by the Lexus owner. Arguing that your employer should apply the doctrine in the face of an informal demand by the Lexus owner is another matter altogether, one which you must gauge based on your relationship with your employer.
Re: liability for damage done to another's property during work
Mr. Lee's answer is thorough , comprehensive, and, in my opinion, correct.
If it is a legitimate bill, (and I believe it--a scratch on a Lexus costing $700) why should the innocent lady have to pay for it? It certainly was not her fault.
Good luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
