Legal Question in Civil Litigation in Minnesota

Employee not working damages persons car!

I am a bar owner. One of my employees who was not working at the time of the incident punched a customers car and put a dent in it. She has taken me to small claims court for the cost of the repair. I'm I responsible for his actions even though he was not working the night of the incident?


Asked on 10/13/04, 6:31 am

3 Answers from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Employee not working damages persons car!

When Mr. Anderson says to 3rd party in your employee, he means that you should name your employee as a third party defendant. That in effect means you are suing the employee for any damages that the court says you are supposed to pay. One would hope that you can nail the employee for ultimate responsibility.

Good luck

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Answered on 10/13/04, 5:09 pm

Re: Employee not working damages persons car!

Subject to some limited exceptions, employers generally are not liable for conduct of employees that is not within the scope of employment, as when an employee is engaged in a frolic of his own. I would recommend filing an answer denying liability, along with a third-party complaint against the employee.

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Answered on 10/13/04, 11:58 pm
David Anderson Anderson Business Law LLC

Re: Employee not working damages persons car!

You should check with your insurance co, but also 3rd party in your employee. At least you know where to garnish his wages if you get a judgment.

Were criminal charges filed? If so, the court can help get restitution.

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Answered on 10/13/04, 1:56 pm


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