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Bank Liability for Employee Parking & Safety

I recall being told that if an employer designates a particular place for it's employees to park, that the employer is responsible for the employee's safety to and from the bank to the parking lot.My employer says that their responsibility is only during the time that the employee is "clocked in" for work. So if an employee gets hit by a car on the way to the parking lot, after they have clocked out for the day, then the employer is not responsible.What is the bank's liability?

Answer by Dana Turner:
The bank's responsibility for the safety and security of its employees extends to the outer limits of all company-owned property. As long as an employee is on company premises (including parking lots) while engaged in a legitimate activity (working, going to or coming from work), the company bears a considerable responsibility. If the company also assigns a particular place for employees to park their private vehicles, it bears an additional responsibility for ensuring that the employees may go to and come from those vehicles. This may include installing enhanced lighting, trimming vegetation, camera monitoring and providing a security guard as an escort, in some circumstances.

In short, your employer's belief that the company's responsibility for the safety and security of its employees end when the employee "clocks out" is inappropriate. I'd be happy to discuss this with you or your employer -- and I also suggest that your employer contact the company's legal counsel and learn more about premises liability issues.


Answer by Bob McComas:
I totally agree with Dana. The employer's liability extends to the premises 24 hours a day, seven days a week. An employee is within the scope and duties of their position while arriving or leaving the building until they are off the physical premises (unless on a errand for the employer). Also check with your insurance carrier about the liability coverage you have in place for this.

First published on 6/7/04

First published on 06/07/2004

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