Lots of workers consider that they can’t be held personally accountable in the event that they make a mistake of their work that causes harm or damage to others, as their employer will likely be liable, and the employer’s insurance coverage will defend them.
Within the overwhelming majority of instances that is in reality true, however you can’t and shouldn’t depend on this.
I present just a few examples:
Case #1
Within the first case, which I feel from reminiscence I’ve written about earlier than, a truck driver, whereas accountable for a B-double prime mover and trailers, modified lanes and hit a car travelling beside them. The opposite driver was discovered to not have contributed to the collision.
The problem for the motive force was that his employer was in monetary issue, and had didn’t renew the business motor insurance coverage on their fleet of autos, together with the one being pushed by the this explicit worker.
The corporate went into liquidation and was finally wound up. This left the motive force with none insurance coverage or means to hunt restoration from the employer. Ultimately, the insurer of the harmless third celebration sought restoration from the negligent driver and was profitable.
Case #2
20 odd years in the past, an worker was instructed to put in a stone statue outdoors a leisure membership. 20 years later, kids have been climbing on the statue and the statue fell over inflicting severe accidents to no less than one of many kids. The employer had closed his enterprise down a number of years earlier than the collapse of the statue, and with this the employer stopped paying for public and product legal responsibility insurance coverage round 4 years earlier than the accident.
The actual coverage was an prevalence wording which required the damage or harm to have occurred through the interval of insurance coverage.
It was discovered within the Courtroom of Attraction that the statue was poorly constructed, and that had it been executed appropriately, the statue must have stood for no less than 50 years with none upkeep.
Even with the membership being deemed by the courtroom to have contributed to the accident, the worker was discovered to be personally accountable as nicely, with the award in opposition to the worker being in extra of $1,000,000.
Case #3
The third case is barely completely different. Safety guards have been requested to help with an issue at a neighbouring premises and it was discovered that they used extreme drive of their dealing with of the matter. The employer right here efficiently argued that the safety guards have been appearing nicely outdoors the corporate guidelines and the coaching that that they had supplied, and as such the employer was discovered to not be legally answerable for the accidents sustained to the particular person by the safety guards. Right here the guards have been held personally accountable however not like the sooner two instances, that they had no belongings and have been males of straw and so the injured celebration didn’t get well.
Take-away classes
On the finish of the day, every certainly one of us are answerable for our actions or inaction, and might be held personally accountable if our actions or inaction causes loss, harm or damage to others.
Buying run off protection for Public and Product Legal responsibility Insurance coverage is equally necessary as it’s for Director’s and Officers Insurance coverage and Skilled Indemnity Insurance coverage.
