In a recent opinion, a California court refused to hold a ridesharing company liable for an accident caused by one of its drivers. The driver was using a car made available to him through the ridesharing company when he caused a California car accident resulting in injuries to two other motorists. The injured motorists filed a lawsuit against the ridesharing company, as well as the driver, arguing that the ridesharing company should be held liable for the driver’s actions while using a car provided through the driver’s employment. The ridesharing company denied legal responsibility, arguing that the driver was engaged in purely personal activity at the time of the accident.
The main issue, in this case, was whether the driver was acting within the scope of their employment when the accident occurred. An employer may be held liable for injuries wrongfully caused by an employee where the injured party filing the lawsuit proves that the person who caused the injury was acting “within the scope” of their employment. Conversely, an employer is not liable where the employee’s activity was “purely personal.
California uses two tests to determine whether an employee was acting within the scope of their employment at the time of an accident. The first is the Purton test, which considers whether the employee’s activity was undertaken with the employer’s permission, and whether it was of some benefit to the employer or typical within the context of employment. The second test is the Halliburton test, which considers whether the activity was required or incident to the employee’s duties, or whether the employee’s misconduct was reasonably foreseeable by the employer.