News & Analysis as of

Car Accident Employer Liability Issues

Rodemer Kane Attorneys at Law

Work-Related Car Accidents: Who Is Responsible?

When it comes to workplace-related incidents, the question of liability can often be complex and nuanced. One common scenario involves damage to an employee's car while parked in the employer's parking lot. This article...more

Littler

Minnesota Now Recognizes Claims for Negligent Selection of Independent Contractors

Littler on

Companies in Minnesota that work with independent contractors should be aware of a new legal risk.  In Alonzo v. Menholt, the Minnesota Supreme Court recognized a claim for the negligent selection of an independent...more

Parker Poe Adams & Bernstein LLP

The Latest Major Developments in NC and SC Business Litigation

Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to...more

Searcy Denney Scarola Barnhart & Shipley

Understanding the Role of Negligence in Truck Accidents in Florida

Being hit by a semi-truck can leave a victim seriously injured and unsure as to what they should do next. Understanding how the law applies to your situation can quickly become complicated. This is, in part, due to the fact...more

Haight Brown & Bonesteel LLP

Should an Employer be Held Vicariously Liable for a Motor Vehicle Accident Its Employee Caused on Her Way Home After Working the...

A California Court of Appeals affirmed an employer’s Motion for Summary Judgment on that question, finding that the employer was not vicariously liable in a recent opinion. The case involves Clanisha Villegas, who worked for...more

Console and Associates, P.C.

The Most Wonderful Time of the Year? Not for Gig Economy Delivery Drivers

These days, gig economy drivers play a big part in making the holidays happen, delivering packages containing holiday decor, presents ordered online, and even catered meals for parties....more

Console and Associates, P.C.

Reports of Amazon Drivers Engaging in Dangerous Behavior Behind the Wheel

Online retailer Amazon.com grew into a household name over the past several decades due largely to the company’s ability to deliver packages to customers within days—sometimes hours. However, recently, there have been reports...more

Cranfill Sumner LLP

Analyzing Compensability for Accidents Caused by Idiopathic Conditions while Driving

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In North Carolina, it is well established that when an idiopathic condition is the sole cause of the injury, the injury does not arise out of the employment and is not compensable. An idiopathic condition is defined as “one...more

Weber Gallagher Simpson Stapleton Fires &...

Long Detour to Restaurant for Lunch Post Business Meeting Found Not Compensable

In a recent unpublished Appellate Court Decision, Mackoff v. New Brunswick Saw Service, the court examined a deviation by a petitioner to obtain lunch after a client meeting. The petitioner was employed by New Brunswick Saw...more

Proskauer - California Employment Law

Lyft Was Not Liable For Accident Involving One Of Its Drivers

Marez v. Lyft, Inc., 2020 WL 2108643 (Cal. Ct. App. 2020) - While driving a car rented through Lyft’s “Express Drive Program,” Jonathan Guarano struck the plaintiffs and caused significant injuries. Plaintiffs sued Lyft...more

Dechert LLP

Legislation and Case Law in France / Second Half-Year 2019

Dechert LLP on

Prevention of occupational hazards and management of matters related to safety and the protection of health at work are major concerns for all those involved in labor law. This newsletter reviews five notable court...more

Seyfarth Shaw LLP

OSHA Updates on Distracted Driving in Employment and in the Workplace

Seyfarth Shaw LLP on

Seyfarth Synopsis: OSHA reminds employers of the hazards of distracted driving. OSHA has recently released a “Guidelines for Employers to Reduce Motor Vehicle Crashes.”  ...more

Tonkon Torp LLP

Employer May Be Liable For Employee's Drunk Driving Accident Following After-Work Happy Hour

Tonkon Torp LLP on

On March 14, 2019, the Oregon Supreme Court considered whether the immunity granted to social hosts from suits for injuries sustained by patrons or guests after voluntarily consuming alcohol under ORS 471.565(1) also bars...more

Seyfarth Shaw LLP

NIOSH Releases Behind the Wheel at Work Newsletter on Motor Vehicle Safety

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Seyfarth Synopsis: The National Institute for Occupational Safety and Health (NIOSH) recently released its Behind the Wheel at Work Newsletter with the “latest news from the NIOSH Center for Motor Vehicle Safety.”...more

Cranfill Sumner LLP

Exceptions When Traveling To And From Work

Cranfill Sumner LLP on

Analyzing the Coming and Going Rule and Its Exceptions - In Wright v. Alltech Wiring & Controls, the Court of Appeals reviewed the Contractual Duty exception to the Coming and Going Rule. The employee had duties which...more

Jackson Lewis P.C.

Oregon Supreme Court Holds Employer Not Completely Immune Under Social Host Statute

Jackson Lewis P.C. on

Oregon’s highest court has held that although the state’s “social host” law protects certain persons from liability related to their actions taken as “hosts,” there is no similar insulation from liability for alleged tortious...more

Roetzel & Andress

No Citation? No Problem. Employers Can Now Submit A Request To Charge The Surplus Fund Without Proof Of A Motor Vehicle Citation

Roetzel & Andress on

Since the passage of Ohio House Bill 207 in 2016, the Bureau of Workers’ Compensation has excluded the cost of a claim from an employer’s experience if the employer could establish that the claim resulted from a non-at-fault...more

Best Best & Krieger LLP

When Is An Employer Responsible For Accidents On Employees’ Commutes? - California Court Of Appeal Reverses $14 million Judgment...

An employer is liable for an accident on an employee’s commute to and from work only if the vehicle was required for work on the day of the employee’s accident, a California appellate court has ruled. ...more

Haight Brown & Bonesteel LLP

County of Los Angeles not Vicariously Liable for its Employee’s Negligence Under the Required Vehicle Exception to the Going and...

The Case and Factors Considered - In Newland v. County of Los Angeles (2018) 2018 WL 3017203, ____ Cal.Rptr. ____ (appeal from a judgment and order of the Superior Court of Los Angeles County), a deputy public defender was...more

Ward and Smith, P.A.

Wrongful Death Claims in North Carolina

Ward and Smith, P.A. on

Introduction - When someone is injured by the negligence of another, the injured party often has a legal claim against the at-fault party under North Carolina law. Sadly, however, sometimes these incidents result in the...more

Gray Reed

Fight Night at Your Company Holiday Party

Gray Reed on

Jim Duncey, the owner of Duncey’s Caps, Inc., decides to hold an employee/significant other holiday party this year with live music and an open cash bar managed by a third-party bartending service. Each employee will get...more

Haight Brown & Bonesteel LLP

California Court Declines to Accept Broad Exception To Going & Coming Rule

In Morales-Simental v. Genentech, Inc. (A145865, filed 9/22/17, publication order 10/19/17), the California Court of Appeal, First Appellate District rejected the plaintiffs’ broad interpretation of the “special errand”...more

Haight Brown & Bonesteel LLP

“Business Errand” Exception to the “Going and Coming Rule” Generally Presents Question of Fact Making Summary Judgment Rare

In Sumrall v. Modern Alloys, Inc., 2017 WL 1365089 (April 13, 2017), the Fourth Appellate District was presented with another circumstance where the “business errand” exception to the going and coming rule was at issue....more

FordHarrison

Tragedies on and off the silver screen: How to avoid costly workplace injuries

FordHarrison on

Resident Evil: The Final Chapter is the title of a science fiction horror film that was recently released worldwide. The horror that occurred behind the scenes in the making of the movie rivaled the fictional onscreen terror....more

Seyfarth Shaw LLP

Eleventh Circuit Finds Insurance Carrier Responsible In Georgia For Harm Caused by Intoxicated Employee

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In a recent Eleventh Circuit opinion, the Court found that the insurance carrier was responsible, under Georgia law, for the harm caused by an intoxicated employee’s vehicle usage. Great American Alliance Ins. Co. v....more

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