I vaguely remember from a business class that they aren't liable on the way to work, on your way home, they might be.
2012-05-02 19:57:53
10
Bike to work, employer liability?
Somebody (in another state) told me her employer wants a waiver for folks who participate in bike to work day. I guess the worry is, if the employer is giving incentives or in any way encouraging people to bike instead of drive to work on that day, they become liable for what happens on that commute.
This seems wrong! But I want some references to put my friend (and her employer) at ease. I believe, but cannot prove, that there has got to be some legal expectation, common law, whatever about protection from liability regarding how people choose to arrive at work. Biking (or any transportation) on the clock is one thing. But I always thought how you choose to get to work is (1) on your own time/dime - you don't get paid for your commuting time or expenses - and hence (2) on your own liability.
Logically, if somebody could sue from an injury sustained commuting by bike to work, there should be 100x as many suits about automobile crashes. Even if the argument is "my employer was trying to encourage me to bike to work on 18 may," I could similarly argue that the free parking spot my employer provides is encouraging me to drive to work, so they are liable for my crash.
On the other hand: realistically, with some bad luck, I could see it going differently in an unfriendly court only because biking is a marginalized form of transportation. If a judge thinks it's special, then it can get special legal treatment.
Can anyone help? Googling only yielded a bunch of stuff from the UK. Basically I'm 80% sure the answer is "they are not liable," but I need a firm source.
2012-05-02 19:48:26
give them a flock waiver?
2012-05-02 22:30:13
A calmly worded email along the lines of what you stated above might go well, especially if it is likely to be taken well.
I don't know your management, but when you bump into a company founder at the Keg Ride, that's a world apart from someone who commutes 30 miles each way in a Cadillac or Nissan Armada and hasn't been on a bike since he was 9 and asked for the legalese email to be sent out in the first place.
2012-05-02 22:36:43
The employer should be held responsible if they encourage workers to use a dangerous mode of transportation to work which then results in injury. For example, if the employer provides auto parking and an employee is hurt in an automobile accident, logically, it is the employer's fault.
2012-05-03 00:09:35
"Somebody (in another state) told me her employer wants a waiver for folks who participate in bike to work day. I guess the worry is, if the employer is giving incentives or in any way encouraging people to bike instead of drive to work on that day, they become liable for what happens on that commute."
I don't have his info, but I'm sure someone on this board can direct you to a lawyer type that specializes in bicycle related cases. He can then name a lawyer/firm in your friend's state.
FWIW, I think you are right that commuting is done on your own time and at your own liability. Unless the employer says "all employees must drive/bike/walk/kayak to work" they have no effect on what mode of transportation you choose, and therefore no liability if your selected mode of transport causes you injury.
If the employer is encouraging people to bike to work, then you might be able to argue that they bear some responsibility for injuries caused while commuting by bike, but it would ultimately be up to a judge to decide.
2012-05-03 00:26:50
There are a handful of cycling-friendly lawyers about. this one is a bike-pgh sponsor, but i don't know anything else about them...
2012-05-03 03:01:21
the workplace isn't liable. maybe ask Lou if he has any info since he works on the bike friendly employer program.
Personally, I wouldn't get into the waivers thing unless the company is organizing the ride to work, such as creating the route, leading riders in and that sort of thing.
2012-05-03 11:48:41
ha! +1 jonawebb
2012-05-03 12:18:36
people are not liable for encouraging others to do something reasonable.
2012-05-03 12:28:19