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.

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4 Lawyer Answers
William John Light
William John Light
Answered
  • Santa Ana, 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
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
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
Tim Akpinar
Answered
  • Little Neck, NY

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

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