Liability Question

[Melnor]

What is the name of your state? Washington State

2 Co-workers were standing out in the parking lot of work. Both of them were off duty. Coworker A was headed home, and Coworker B was there visiting another Coworker. They were outside in the parking lot outside the company building.

Coworker A was pulling away and during some play, bumped Coworker B. Coworker B walked away limping.

As far as OSHA is concerned, this is not a work-related injury, and so workers compensations claims cannot be filed.

But what about a claim against the company? Is the parking lot considered "company property" and would they be liable for something that one of their employee's did like this, if it caused injury in their parking lot?

Thoughts?

 

[I AM ALWAYS LIABLE]

But what about a claim against the company?

MY RESPONSE: The company has no liability. How someone uses their property is that person's responsibility. The company is not negligent.

Is the parking lot considered "company property" and would they be liable for something that one of their employee's did like this, if it caused injury in their parking lot?

MY RESPONSE: No. Where is the company's negligence? None of the employees in this scenario were in the course and scope of their employment duties.


Thoughts?

MY RESPONSE: Yes. The injured party has a cause of action against the driver - - only.

IAAL