Legal Question in Civil Litigation in Indiana

Responsibilty of personal property damaged at workplace

Took a smoothie machine from home to work for a liquid diet that was required along with regular menu.Supervisor at that time told us to use it just to stay there to supervise and make sure nothing happened to it while the inmates were preparing the diet until the company purchased one as the liquid diet was crucial for a gentleman with a broken jaw and our account holders were breathing down our necks because we had no means to feed him and that was part of our contract.Two days later the smoothie machine had been destroyed.The supervisor who told us to use it has since been deployed and current supervisor says he will not replace it until the other supervisor returns and he talks to him and he still may not replace it then because I was not ''asked'' to bring it in.It was used for company purposes and unsupervised by another employee.Do I have a case for small claims to have my smoothie machine replaced or do I have to wait until they are ready to replace it?


Asked on 9/16/04, 5:33 pm

1 Answer from Attorneys
C. David DuMond Law Offices of David DuMond

Re: Responsibilty of personal property damaged at workplace

Sounds to me like you have a good claim against the company for your Smoothie Machine, since the machine was used for company purposes and since it was initially brought in at the request of a company supervisor. You will probably succeed in a small claims case, but that will take about forty days to get to trial. I suggest you wait a few days to see if the company doesn't resolve the matter to your satisfaction before filing your case. It would be quicker, and would arouse less animosity. Good luck.

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Answered on 9/16/04, 5:56 pm


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