Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Help Keep Boards Alive. Support us by going ad free today. See here: https://subscriptions.boards.ie/.
If we do not hit our goal we will be forced to close the site.

Current status: https://keepboardsalive.com/

Annual subs are best for most impact. If you are still undecided on going Ad Free - you can also donate using the Paypal Donate option. All contribution helps. Thank you.

Crashing Company Vehicle.

2»

Comments

  • #32
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators, Paid Member Posts: 18,807 Admin ✭✭✭✭✭hullaballoo


    The employers are vicariously liable for the wrongdoing causing the damage and pay the loss themselves.

    Chancers.



  • #33
    Peregrinus
    Registered Users, Registered Users 2, Paid Member Posts: 27,876 ✭✭✭✭Peregrinus


    https://www.boards.ie/discussion/comment/122598127#Comment_122598127

    The principle of vicarious liablity means that the employer is responsible to third parties for loss or damage caused to third parties by the negligence or breach of duty of the employee in the performance of the employment.

    It does not mean that the employee is not liable to the employer for loss or damage caused to the employer by the negligence or breach of duty of the employee in the performance of the employment. If I negligenctly, maliciously, etc damange my employer's property, plant, equipment, I can't rely on any rule of vicarious liablity to argue that I have no liablity for doing so.



  • #34
    GerardKeating
    Registered Users, Registered Users 2 Posts: 8,002 ✭✭✭GerardKeating


    https://www.boards.ie/discussion/comment/122598127#Comment_122598127

    Even if the employee was at fault for the accident ?



  • #35
    Lenar3556
    Registered Users, Registered Users 2 Posts: 2,089 ✭✭✭Lenar3556


    https://www.boards.ie/discussion/comment/122659437#Comment_122659437

    Potentially yes, (if there was no fault on the employee, then neither the employee nor the employer could be found liable)

    Not sure what the case law is like on road traffic matters, but it is common for employers to seek specific indemnity from the insurers of employees personal cars which are being used for business purposes in an attempt to limit any such liability, even when the employer don’t even own the car.

    A more typical example of an employers vicarious liability would be an employee assaulting someone while at work for the employer. Ultimately it would need to be determined by the courts, but the employer could potentially be held liable for the actions of the employee in such circumstances.



Advertisement