Rank: New forum user
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I have a scenario
An employee on the way into work was struck by another car just outside the company gates, but still on the company grounds.
Who is responsible, I am of the opinion that as long as we have supplied safe access and egress that this is our responsibility.
I believe this to be a Road traffic Accident and the police should be involved and appropriate insurance companies.
My question is am I right in my opinion or do the business hold any other responsibilities in this case.
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Rank: Super forum user
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Dano
It is my understanding that if the accident occurred on company property then the employer may be liable, depending on the cause of the accident and the interventions to reduce the likelihood of an accident. If the accident occurred outside the company property, then normal RTA principles will apply. Judging from your post you need to establish who is the owner of the property outside the company gates ie local council or employer?
Ray
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Rank: Super forum user
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As employer you are required to provide safe access and egress and safe premises. If you have done what's reasonable then you have discharged your duty. A failure in any of these areas may involve some liability falling on you.
I would suggest that the driver of the vehicle who struck your employee may be responsible in the absence of any other details, although it could also be that your employee was acting foolishly.
Investigate, establish facts, if necessary take statements/photos etc and then leave it to your employee to make a claim against the motorist. If however you believe that you failed in your duty somehow then it may be prudent to inform your EL insurers.
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