Staff member or boss sued if member of public hurt on premises?

Bubbly Scot

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As a contractor I have PLI specifically for the work I do in the construction/property management sector. I've since taken a part time job and something came up in a discussion with my new boss.

I reckon if I do something that causes injury to a member of the public, the bosses insurance will cover it. He says this isn't the case and it will be me personally who is liable. It's a PAYE employment not a contract.

So who's right?
 
As a contractor I have PLI specifically for the work I do in the construction/property management sector. I've since taken a part time job and something came up in a discussion with my new boss.

I reckon if I do something that causes injury to a member of the public, the bosses insurance will cover it. He says this isn't the case and it will be me personally who is liable. It's a PAYE employment not a contract.

So who's right?

The boss would be liable. If employee liable, every employee in the country would need to get insurance cover
 
Unless you are grossly negligent and acting completely against any work guidelines then as an employee it is your employer who will be liable.
 
Assuming that the injury is caused by you doing something which is in the course of your employment though -

Presumably your boss can't be held liable if you (for example) trip someone up while you happen to be at work!
 
Thanks guys, I was thinking specifically of work related situations ie. if I haven't been trained to operate a piece of machinery. The conversation came about because I saw someone clean the floor and she left a big puddle of water. I advised her to put a "wet floor" sign up and get the puddle dried up asap and the conversation turned to who was liable in such a case.

Boss maintains the staff members are responsible but that just didn't make sense to me because no employee carries insurance to carry out their day to day job.

Hope that argument never gets tested for real though.
 
I agree the company would be liable - the boss could then sanction the staff member under the appropriate company rules :rolleyes:
 
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