how does liability work?
I am a home carer in my community. recently I accidentally set one of my clients oven on fire whilst cooking bacon in the grill, her home insurance will cover this, as will my Work’s insurance policy, but my Line Manager told me that they will be sending me the bill if the clients insurance does not pay. My client has assured me that she does not wish to claim on her insurance as her premiums will go up and she will have to pay the excess….is this legal? should i be held Liable??
An employer is legally liable for the consequences of the acts of its employees occurring in the course of their duties. It doesn’t matter if the employee did it badly. If it was their job, the employer is liable. It’s called ‘vicarious liability’.
What your question says, louder than anything, is that the insurance industry is no longer the safety net that justifies its existence. If we can’t afford to claim, what good is it?
That doesn’t help you. In your shoes, I think I would strongly resist paying for the damage out of my own pocket. It was an accident that happened in the course of your work. Both the client and the employer have the ability to put this right. The client also has a legal duty to minimise her loss.
If the client claims off her insurance maybe her insurer will try to claim against your employer’s insurance. That’s OK – the insurers can fight it out between themselves and decide how they will share the cost. Either way, the cost should not fall on you. I do not believe your employer has any legal claim against you and your client’s only claim is against her insurer or your employer.
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