Property damage, on the job...

My employer asked me to use my personal vehicle for company business. This is highly irregular but I agreed, nonetheless. During the drive homeward (226 mi. trip beginning at my office), my automobile was caught in a terrific, softball-sized hail storm. There was no place to run, no place to hide. I could only "ride it out".

I know that my employer is liable for expenses and injuries that were or could have been suffered, though I was unharmed physically. Shouldn't the employer be at least partially responsible for the $7,000 that I will have to pay, personally, for these repairs?

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If "all is not lost", then where the hell is it?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by quitesane:
My employer asked me to use my personal vehicle for company business. This is highly irregular but I agreed, nonetheless. During the drive homeward (226 mi. trip beginning at my office), my automobile was caught in a terrific, softball-sized hail storm. There was no place to run, no place to hide. I could only "ride it out".

I know that my employer is liable for expenses and injuries that were or could have been suffered, though I was unharmed physically. Shouldn't the employer be at least partially responsible for the $7,000 that I will have to pay, personally, for these repairs?

<HR></BLOCKQUOTE>

My response:

Gee, I hate to be the bearer of bad news but . . . your employer has one of the best defenses around:

Typical affirmative defenses in bodily injury and property damage actions are:

1. comparative fault,

2. express assumption of the risk,

3. release,

4. statute of limitations, or

5. act of God.

I'm looking at number 5. Are you?


I replaced the headlights in my car with strobe lights, so it looks like I'm the only one moving.

IAAL




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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

I will stipulate to the "act of God" defense. My counter would be that the employer put me in God's line of fire. Had I not been about my company's business, I would have been 50 miles away from the storm which caused the damage. Doesn't that have any standing at all?

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If "all is not lost", then where the hell is it?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by quitesane:
I will stipulate to the "act of God" defense. My counter would be that the employer put me in God's line of fire. Had I not been about my company's business, I would have been 50 miles away from the storm which caused the damage. Doesn't that have any standing at all?

<HR></BLOCKQUOTE>

My response:

Sorry. It's a nice thought, but no. Your employer, nor anyone, is responsible to you for any forces beyond their control, or that were unforeseen. In this instance, it was just as easy for you to check for weather conditions as well as your employer. The "act of God" defense is absolute. You could, nonetheless, ask your employer to help you out through the niceness of his heart because you did do something for the company that obviously benefited the company. But, don't hold your breath.

IAAL

IAAL



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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

I guess it just "seemed" right. Thanks for setting me straight. BTW, my employer is actually taking a look at making some form of reparation from the kindness of their corporate heart(s). Good company. I'd hate to ruin a great relationship by going off half-cocked.

FYI, that hail-storm was a part of the cell that spawned the tornado that devistated downtown Fort Worth last week. One fatality from the hail I was caught in. Believe me, I have blessings to count. Again, thank you for the good advice and gratis!

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If "all is not lost", then where the hell is it?