Is an Employer Liable for Damage Caused by an Employee’s Smoking?

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One of the critical rules in personal injury law is the doctrine of respondeat superior. Basically, this means an employer is vicariously liable for a tort committed by an employee in the “course or scope” of his or her employment. For example, if a delivery van runs a red light and hits another car, the owner of the delivery van is liable under respondeat superior for the driver’s negligence.

Acadia Insurance Co. v. United States of America

There are many cases in which the application of this rule is not obvious. Many personal injury lawsuits against employers turn on the question of whether the employee was really acting within the scope of employment when the plaintiff suffered his or her injury. A recent decision by the U.S. 11th Circuit Court of Appeals in Atlanta considered the unusual question of whether a “smoke break” occurs in the course of employment.

The defendant in this case is the federal government. In 2010, an FBI special agent attended a six-week training course in Huntsville, Alabama. The course was not required but the FBI paid for the instruction to provide him with “specialized skills” related to his work.

While attending the course, the agent stayed in a local hotel. One evening there was a fire at the hotel. Local officials said at the time “two balconies on the second floor caught on fire,” and the flames then spread to the floor above. The hotel claims the FBI agent was smoking on the balcony of his room, and his improperly discarded cigarette started the fire.

The hotel’s insurance company paid for the substantial damage to the building. The insurer then sued the government under the Federal Tort Claims Act. This law allows private parties to sue the government under state law for negligent acts committed by its employees.

The government argued that even if the agent’s smoking started the fire, that was not an act that occurred in the “course of his employment.” The agent was off-duty at the time. The government said there was therefore no connection between his smoking and his attending the training course.

The courts agreed with the government’s reasoning and dismissed the insurance company’s lawsuit. A federal judge in Alabama said the insurance company’s argument “would essentially result in an employer being held responsible for anything its employee does while on travel,” which was inconsistent with Alabama law. (The law in Georgia is similar to Alabama with respect to respondeat superior.)

The 11th Circuit, upholding the Alabama judge’s ruling, added the FBI “did not pay for” the agent’s cigarettes, and in fact he was barred from using his government credit card to purchase them. Nor did the FBI directly supervise the agent while attending the training course. Finally, the FBI received no benefit, as an employer, from the agent’s smoking. To the contrary, the 11th Circuit said the employee’s “smoking was impelled by purely personal motives.”

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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