Who Is Financially Responsible?

Question

We own a lawn maintenance company. Our employee, while using a weedeater, broke a window at a client's house. He hit a rock, and the rock hit the window. It was an accident.
Who is financially responsible? We the owners, or our employee?
Should the employee be responsible for the entire bill, or only part of it?
Thanks in advance!

Answer 1

You the company are. Your employee is a representative of the company and unless the damage was caused by gross negligence, you the employer are responsible for any damages caused by the employee. You should have insurance that will cover such occurrences.

Answer 2

You've got some good answers but there is an important piece of information missing.

First, the company is vicariously liable for the torts of employees committed in the scope of employment when an employer/employee relationship exists, in almost all jurisdictions. This means that you are responsible as the company. However, there is joint and several tort liability in almost all states, especially for simple torts like this one. That means the plaintiff can sue the employee, the company, both, or neither -- and any one of these entities can be liable for 100% of the damages. Usually, plaintiffs will sue the company because the company has money to pay the claim and the employee generally does not.

However, the company can almost always sue the employee (or bring him into the same lawsuit) to seek CONTRIBUTION from the employee. When someone is vicariously liable (as you would be) the vicariously liable party can almost always recover IN FULL from the directly liable party (i.e., the employee). You should check with a lawyer for the details in your jurisdiction. Everything I've told you is what the law provides. However, if it was just a couple of hundred dollar window, you may just want to pay the costs and get it all over with.

Answer 3

The employee was your agent and was acting in pursuit of your directive, in other words under your authority. You are entirely responsible for torts committed by your employee. In fact if the client sued your employee, he could in turn sue you. If he is an independent contractor, not an employee, the answer may change. Call a lawyer if you think its needed.

Answer 4

Because the employee was acting within the scope of his employment, you are responsible to the homeowner. In most states you cannot deduct anything from your employee's pay without a court order or a signed agreement. Personally, I think it would be wrong to withhold this amount from your employee's pay but you can check your local law to see if it is allowed.

Answer 5

As your employee is the one that caused the damage, you as the company owners are responsible for the damage.

Answer 6

It's your job as a company to have insurance for cases like this.

It's not the employee's fault and it is definitely not the client's fault.

Answer 7

The employee was on the property due to being employed by you. You are responsible for your employees.

Answer 8

...U got to be kidding...thinking like that I can't believe you hav anyone working for you...the owner of the company should take 100% of the responsibility.It was an accident that luckily no one was hurt...an employee shouldn't be punished for an on the job accident...that's what insurance is for.

Answer 9

you are. you should have sufficient insurance to cover the damage. the employee was doing his job, unless you can prove he was seriously negligent, he should not be held financially responsible.

Answer 10

...you (your business) is vicariously responsible for the actions of your employees and/or the use of their tools... in other words... it's your responsibility... (or your business insurance)...