I work for a pizza delivery company. ‘Management’ decided it would be a good idea to get a trailer made for one of the scooters; the trailer then had big sign stuck on it. I personally thought it was a cheesy idea (apologises for the bad joke).
Anyway, muggins here was ordered to take it out for its maiden voyage. The plan was to ride around the ring road on Friday evening advertising the pizza company.
It was a little wobbly as I set off but the shift leader and the other lads were out cheering me on. However, as I headed over a bridge a massive gust of wind hit the sign, flipped the trailer and I fell off smashing my teeth out and breaking my wrist.
My shift leader said he was sorry for sending me out but he has since left and gone abroad to Australia. The result of this is that my employer is now denying liability and has told me I need to track the shift leader down and sue him personally.
I can’t afford to do that and don’t know what to do.
What utter numpty in ‘management’ decided that effectively putting a big sail on the back of a scooter was a good idea?
It makes about as much sense as a chocolate tea pot. As far as liability goes I reckon you will win, 100%! Leaving that aside, your employer may well be spinning you a line to try and get out of paying.
As an employer, the company owes you a duty of care to make sure you are safe while at work. If they don’t do this and you get hurt you can bring a claim against them directly.
You do not have to sue the shift leader personally and just because he has left the country does not mean your employer gets out of compensating you.
Andrew has been riding motorcycles since he was 10 years old and currently rides a ZZR1400 as his daily commuter whether it is sunny or snowing. In addition, he is currently restoring an old Honda CB750 K1. Andrew practices across all areas of motorcycle law, with his practice involving both civil claims and motoring defence work.