Yesterday, the California Court of Appeal found that an employer is not liable for injuries to third-parties that are caused by an employee driving their personal outside the scope of his/her employment, so long as there is no benefit to the employer. Employers can be held liable “for an employee’s tortious conduct while driving to or from work, if at the time of the accident, the employee’s use of a personal vehicle was required by the employer or otherwise a benefit to the employer.” In this case, the employee was driving his vehicle on his usual route to work, but it was not a work day. The appellate court reversed the trial courts decision and held that the employer was not liable.
Yes, your read that correctly, the appellate court found in favor of an employer.
What does this mean for your business? In addition to understanding your legal obligations and the risks of doing business in California, you – the employer – must have clearly defined job duties for each employee. This is one of many things you can do to minimize risk. If you’d like more information on how to protect your business, contact the attorneys at Chauvel & Glatt, LLP.
