Many employers allow employees to use vehicles for work-related purposes. Although some of them understand that this exposes them to liability if the employee is involved in a crash, others fail to understand the risks. Our seasoned team of Boston car accident lawyers are prepared to help you protect yourself in an accident involving a third-party who was using your vehicle.
In a recent appellate case (the “Case”), the Massachusetts Court of Appeal discusses this issue. In the Case, the owner of a restaurant allowed employees to use his vehicle to get to and from their homes and the restaurant. The owner required some employees to sign an agreement that limited the use of the vehicle to get to and from work. Under Massachusetts law, employers are liable for the tortious acts that their employees commit under the course and scope of employment. This concept is known as vicarious liability. One morning, one of the employees assisted another individual with jump-starting his car.
The employee removed the cables and lowered the hood of the restaurant owner’s car at which time it accelerated and struck the owner of the other car that was being jumped. The victim filed a claim for negligence and alleged that the restaurant owner was legally responsible as the owner of the vehicle that caused his injuries.