Legal Question in Intellectual Property in Washington

car damaged at work

I'm a technician at an auto dealership in Seattle, WA. While test driving a car I perfromed a PDI (Pre-Delivery Inspection) on. In the parking lot, the road was icy, the car slid and was damaged. Am I liable for the damage. Is there a law protecting technicians from this?


Asked on 12/25/08, 5:10 am

1 Answer from Attorneys

Mason Boswell Boswell IP Law

Re: car damaged at work

This is not an intellectual property question, so you might have more luck in a torts or regular property forum. However, I will take a crack at pointing you in the right direction.

You should look up the doctrine of respondeat superior (http://en.wikipedia.org/wiki/Respondeat_superior) which basically states that an employer is responsible for actions of an employee performed in the course of doing his/her job. It sounds like that's the case here, so I doubt you would be liable to the car owner. A second question, however, is whether you might be liable to your employer. In that case, the doctrine you want to look at is negligence (http://en.wikipedia.org/wiki/Negligence). Unless you acted very irresponsibly, it is unlikely that you were negligent. This sounds like an accident to me and I would expect your employer to bear the responsibility. They could still fire you since this is an "at will" employment state, so best to work out something amicable with them.

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Answered on 12/25/08, 1:57 pm


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