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Recently an employee feel asleep at the wheel during his shift. Can the company hold him responsible for damages?

Bakersfield, CA |

Is there some sort of disclaimer I can have the employees sign stating in the event of negligence he or she will be held responsible to damages caused to company vehicles?

Attorney Answers 4

  1. Yes the company would be responsible and there is not way to get a release on this issue.

  2. Yes the company will be held liable unless the employee acted outside the course and scope of his employmend and/or he was not using the vehicle in a way permitted by his employer.

  3. No. As an employer, you are responsible for the torts of your employees while in the course and scope of their employment.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

  4. No, bump up your limits. If an employee seriously injures someone, it could bankrupt your company if you don't have enough insurance. For example, many companies with tractor-trailers have umbrella policies up to 20m.

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