Who is responsible for damages if my vehicle is damaged during work hours?
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Who is responsible for damages if my vehicle is damaged during work hours?
I work for a company in which I have to drive and park my vehicle in a driveway at a client’s home; I am a Supportive Living Staff employee that sees after disabled clients. My vehicle was damaged due to something breaking out my rear hatch window. I called my employer, told them I hear a noise outside. I went to the door and saw my glass was all shattered. I can’t say what happened but it was very cold outside and I know I didn’t do anything. I asked if they would have it replaced and was told No, it’s just like if you were at Walmart’s parking lot and it got damaged. I said, but, I wasn’t at Walmart’s I was here at work inside house. So I want to know if they have an obligation to replace my window?
Asked on December 10, 2013 under Employment Labor Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, your employer is not liable simply because your car was damaged during work hours or while at a work site. Your employer is not liable for the negligence or deliberate bad acts of third parties who do not work for it, and is certanly not liable for damage caused by weather, falling trees, etc. at someone else's house (even a client's). Unless you can show the employer (e.g. a fellow employee) caused the damage, they are not liable.
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