Who would be liable for damages in the following scenario?

Question

Friend works for a company which employs aboutt 120 employees. Company in business about one year. Employees work long hours during week. Each Friday (payday) employees are allowed to purchase liquor and bring it back to the office, where after 6 pm, they are allowed to drink.(they work until 8 pm on Fridays). She says no one really gets drunk as they are still working. I say that you really can't tell with some people, whether they are drunk or not. I also say that if they are drunk or even have liquor on their breath, and there is an accident, that her company could well be held liable if the person leaves work and has an accident and someone is hurt. I asked her if she knew whether her company had an attorney. She doesn't know.I told her that it seemed to me they needed one if only to advise the owneres that they are taking a big chance allowing their employees to drink on the job.. Comments please?

(No. EVERYONE does not drink. BUt many do.)

Answer 1

The company could be found liable for the employees actions if drinking is permitted and even encouraged during working hours and on company property. I know of a house construction company that did something similar and their insurance company told the owner to either stop or loose all his insurance.
Courts have taken a very dim view of employers allowing employees to drink at work and has found them liable for the after work actions of intoxicated employees.

Answer 2

I would say company is taking big chance, and could conceivably be liable, but there are alot of different factors to consider.

There are many elements to the situation here. Right now, the company will not be liable to anyone because their is no INJURY or DAMAGES. If an injury were to occur to a third person (non-employee), that employee may be able to allege liability against the drunk employee AND the company. There may be issues with Notice, Agency, and so forth.

This is a hypothetical since there presently exist no damages. So, again, there will be many issues to consider. It will depend on the employer's level of knowledge of the drinking, if a person is injured at work premises or off work premises, what kind of business is this (white collar, bar/restaurant, factory), is the injured person an employee or third person, what kind of notice was employer on of the level of intoxication, and what damages occur (death or stubbed toe).

All and all, company would be best served by posting a policy stating that alcohol consumption is NOT permitted during work hours. And the compnay will NOT be liable for any actions of employee who choose to violate policy.

Answer 3

The company I worked for stopped allowing beer at the company picnic, which is offsite and not during work hours, because of liability worries.

I think your company is taking a big risk by allowing, possibly even encouraging, drinking on the job. Most companies test new hires for drugs and alcohol. Your company is very out of the normal.

Answer 4

The employee is the one who makes the decision to drink. The company does not force them to drink. If the company is not one that deals with OSHA safety regulations as far as drinking goes, or if the job is not driving related, they wouldn't be bound by law not to let their employees drink.

AMENDED.. THE THUMBS DOWN DOES NOT UPSET ME... I AM JUST QUOTING THE LAW I FOUND ON A SITE ABOUT WORK LAWS. I CAN'T HELP IF YOU DON'T LIKE REALITY, OR IF YOU DON'T WANT TO HEAR THE TRUTH. AFTER ALL, THEY SAY IGNORANCE IS BLISS. :o)

If the employer was actually serving the alcohol there is a possibility liability could be found if there was some type of harm done.

Answer 5

From watching the news on television, any home owner, bar or other establishment that allows drinking alcoholic beverages on said property is liable in case of an accident and one that causes death.

Answer 6

WOW!!!! If the "she" you are talking about is a manager, or something comparative, she is in trouble..... The company is totally liable if it is common knowledge and permissable for employees to bring in alcohol and imbibe during work hours.. This should be reported to the proper authorities immediatly

Answer 7

that is worry-unfastened experience that as quickly as utilising a force by way of motor vehicle wash you could take issues like motorcycles of the motor vehicle first, I used to artwork in a filling station the place many people might are available to whinge that there motor vehicle aerial have been given bent interior the wash, so that is cautioned to do away with them too, even inspite of the shown fact that there became no warning approximately bike racks, you haven't any longer have been given a leg to stand on legally against the motor vehicle wash proprietor, declare out of your domicile insurance and learn from the blunders.

Answer 8

You are responsible for what you do unless the company forces you to consume booze or you'll lose your job. What real company does this anyway? They should be reported for many reasons besides the booze, for knowingly endangering their employees.

Answer 9

If this company permits the consumption of alcohol on their premises, they are responsible for any resulting incidents that occur due to consumption of alcohol.