Suing a Company for Damage or Injury Caused by an Employee

The question of whether legal action can be taken against an employee who causes damage or injury to your property is complex, and the decision ultimately depends on the circumstances. This article will explore the different routes you might take and the likelihood of success in each scenario.

Understanding the Liability

When an employee of a company causes damage or injury to your property, it is more common to sue the company rather than the individual employee. This is primarily because companies possess more financial resources and are legally defined as entities with distinct legal rights and responsibilities.

Why Suing the Company is More Common

There are several reasons why the company is the more appropriate defendant in such cases:

Corporate Structure: An employee is typically an authorized agent of the company, meaning they act under the company's authority. In this context, the company is ultimately responsible for the actions of its employees. Insurance and Financial Resources: Companies have insurance policies that cover such events, which can provide more financial protection for the injured party. Additionally, the company can absorb the costs of legal action and potential damages without significant financial impact. Limited Personal Liability: In most cases, employees do not have personal liability for their actions while performing their job duties. This means that any legal action would primarily target the company rather than the individual.

A Scenario for Legal Action Against the Company

While suing the employee directly is rare, there are instances where legal action against both the company and the employee might be appropriate. These cases typically involve scenarios where the employee exerts personal agency outside of their normal job duties. For example, if an employee engages in criminal activities that result in damage or injury, both the individual and the company might be held liable.

Risk Factors and Considerations

If an employee acts on their own: If the employee causes damage or injury without the company's authorization or during non-work hours, you may have grounds to sue both the employee and the company. Corporate Policies and Documentation: The company's policies and documentation can play a critical role in determining who is liable. Proving that the injured party was indeed acting outside the scope of their employment can be challenging. Severity of Damage: Significant financial or emotional damages might prompt individuals to pursue legal action against both the employee and the company.

Steps to Take When Filing a Claim

Filing a claim against a company for damage or injury caused by an employee usually involves several steps:

Document Everything: Gather all evidence, including photographs, receipts, and any witness statements that can support your case. Contact an Insurance Company: If the company has insurance, engage with their insurance provider to understand the claims process and potential compensation. Consult with a Lawyer: Seek legal advice to determine the best course of action and to understand your legal rights and obligations. File a Legal Action: If necessary, file a lawsuit against the company, and potentially the employee, in a court of law.

Conclusion

While suing an employee for damage or injury can sometimes be an option, especially in cases of extreme personal agency, it is more common to seek legal action against the company. Understanding the legal implications and the role of companies in such scenarios is crucial for anyone facing such a situation.