If an employee injures third parties while working, his or her employer can be held liable for those injuries. Normally, an employee’s regular commute to and from work is not considered to be “working” time, so employers aren’t responsible for accidents that happen then.
A California court, however, recently held that an employee who is commuting home from a work-related conference is on work time, and therefore the employer can be held liable for injuries caused by the employee during that commute.
If an employee injures third parties while working, his or her employer can be held liable for those injuries. Normally, an employee’s regular commute to and from work is not considered to be “working” time, so employers aren’t responsible for accidents that happen then.
A California court, however, recently held that an employee who is commuting home from a work-related conference is on work time, and therefore the employer can be held liable for injuries caused by the employee during that commute.
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Marc Brandon was a vice-president with Los Angeles-based Warner Bros. Entertainment, Inc. After flying back from a conference in Sunnyvale, Brandon picked up his car from the airport and started driving home. During the drive, he collided with another car. The two cars also hit three pedestrians, one of whom died.
The two injured pedestrians, along with the estate of the third who died, sued Warner Bros. The trial court dismissed the case on the basis that an employer is not responsible for injuries that occur during an employee’s regular commute.
But the Court of Appeals disagreed, holding that when an employee is on a business trip, the trip does not end until the employee reaches his or her home. If Brandon was responsible for the auto accident, then Warner Bros. may be held liable for the injuries to third parties caused by the accident.
We’ll have more on this case, and what employers need to know about liability for employees’ actions, in an upcoming issue of California Employer Advisor.