Legal Question in Personal Injury in Texas

How far does a business's legal liability umbrella extend?

I own a small business and one of my employee's hurt a customer. It was a ''joke'' that went to far. The customer is 17 and was driving his mothers vehicle. The customer took off angry/hurt in her car and ended up damaging her engine by the aggressive driving. He was not treated at any medical facility (infact returned to my business to participate the following day). The mother was originally very worried and scared, she wanted to take him to the emergency room but after and hour or so it was obvious he was going to escape with only a small quater size bruise. Am I responsible for the vehicle? Yes the incident was bad and uncalled for etc, Am I liable for his driving when he left mad/hurt. Him mother says he was scared and hurt and couldn't feel his hand. Am I liable for this ''paniced'' state? At what point/distance/time does his attitude or poor decisions no longer become my problem. It probably doesn't matter but the car was old with 150,000 miles on it already.


Asked on 5/07/07, 2:19 pm

2 Answers from Attorneys
Bobby Warren Patel & Warren, PLLC

Re: How far does a business's legal liability umbrella extend?

This really depends on what it was the employee did. If the act was committed within the scope of the employment, then you would likely be liable for acts for which the employee is liable.

There exists a more pertinent question, however. Is your employee even liable for the manner in which the customer reacted by rushing off in the vehicle. You could probably defend against that if the injury was minor (as it sounds), and the customer did not act in a reasonable manner by rushing off in the vehicle.

I would probably need more facts before giving a better answer.

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Answered on 5/07/07, 2:50 pm
Roger Merrill Merrill & Associates

Re: How far does a business's legal liability umbrella extend?

It sounds like this involves a number of complex legal issues. Until you are sued or at least have received a letter from an insurance company or a lawyer it is probably premature to worry about spending too much time and $ on this issue. You should hire a lawyer if the matter escalates.

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Answered on 5/07/07, 4:24 pm


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