Legal Question in Insurance Law in Pennsylvania

car damage

My car was damaged by a fork lift while on company property. I was not the operator. The operator was not licensed to drive the fork lift nor was he properly trained. There were no ''NO PARKING'' signs posted where my car was parked. Is the owner responsible for the damage to my car?


Asked on 2/05/08, 1:03 pm

1 Answer from Attorneys
William Marvin Cohen, Placitella & Roth, P.C.

Re: car damage

Was the owner also the employer of the fork lift operator? As employer, it's liable for the operator's negligence. Whether or not the guy was licensed or trained, might tip the balance in a close case. But it's not necessary to show that the employer was negligent itself (negligent hiring or entrustment). The employer has vicarious liability for its worker.

It also doesn't really matter whether there were NO PARKING signs.

Normally, running a machine into a parked vehicle is considered negligent. It's hard to come up with a good excuse to explain how the driver was using reasonable care but still damaged your car.

Read more
Answered on 2/05/08, 2:32 pm


Related Questions & Answers

More Insurance Law questions and answers in Pennsylvania