Can a customer sue me for damages if i cause an injury to his/her while on the job?
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Can a customer sue me for damages if i cause an injury to his/her while on the job?
while working on the job for an employer, i cause an injury to a customer with the equipment. it was merely an accident and no intention to do it.
Asked on June 3, 2009 under Personal Injury, California
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Yes, you can be sued for negligence (carelessness) for this injury. It isn't any different, in the law, from an auto accident where you're at fault.
In most states, your employer should defend the lawsuit, and pay any damages, because this happened in the course of his business, not yours. This is under a legal rule called "common law indemnification." I would expect the injured person's lawyer to the business as well as you, anyway. Many business owners are smart enough (especially if potentially dangerous equipment is part of the work) to have insurance that will cover all of this.
If you are sued, and your employer doesn't agree to defend it for you, you should see a qualified attorney in your area right away. One place to find a lawyer is our website, http://attorneypages.com
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