San Anselmo, CA asked in Personal Injury for California

Q: i am being sued as an employee by a customer who had a trip and fall accident in a store i managed in california.

I understand the store bears the liability here and I should not be sued. are there grounds to counter sue.

Related Topics:
4 Lawyer Answers

William John Light

Answered
  • Riverside, CA
  • Licensed in California

A: You would have liability if your actions caused or contributed to the conditions that caused the fall. Your employer would be responsible for funding your defense and paying any sums for which you are liable. You do not have grounds for counter suit. Notify your employer of the suit and request that it, or its insurer, appoint defense counsel for you and that it indemnify you for any and all liability.

Tim Akpinar agrees with this answer

Dale S. Gribow

Answered
  • Palm Desert, CA
  • Licensed in California

A: need much more info.

but i do not see a basis for your being sued.

your employer must provide counsel for you and maybe separate from their defense.

Tim Akpinar agrees with this answer

Theodore Allan Greene

Answered
  • Sacramento, CA
  • Licensed in California

A: Your employer should handle helping you with a defense and getting you out of the action unless you did something out of the ordinary. It's impossible for us to analyze your situation without a lot more information. Normally a slip and fall doesn't involve an employee so your question is a little out of the ordinary. Make sure your employer's insurance is on top of it for you.

Tim Akpinar agrees with this answer

Tim Akpinar

Answered

A: Individual employees aren't generally sued unless their conduct was egregious. After making copies, turn the documents you are served with over to your employer, the company that owns/operates the store. Based on the facts, the grounds for a countersuit aren't fully clear.

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.