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64 Holmes Ave. 
Waterbury, CT 06710 
Toll Free: 866-488-8625
Phone: 203-755-0018
Fax: 203-755-0036
One Lewis Place
Hartford, CT 06106
Phone: 866-488-8625

December 2015

We want to thank all of you who take the time to read the news letters we are sending and we hope that you are finding the information beneficial. At Tindall Law Firm, LLC we enjoy sharing valuable tips regarding the law; offering articles on hot issues in the law; commenting on topics of interest; and helping you navigate the tricky world of the law, which is ever changing.  

At any time if you have any questions on any of the materials you find in our newsletter or any other legal issues, please do not hesitate to contact me. If there is any legal issue of interest that you would like to see addressed in our newsletter, please let us know. 

We value your feedback very much. We treasure our clients very much and we aim to treat each of you as a member of our family and with a commitment to excellence, zealous advocacy on your behalf, and quality service. 
All the best, 
Attorney Tavis Tindall

Tips from Tindall
Accidents Caused by Bad Road Conditions: Who's at Fault?
The Big Question...
 There is inclement weather, such that the chances of having an accident driving to work is noticeably greater than usual. Your company has a policy that employees are required to be in at work (or else they will be penalized). On the way to work, one of them suffers an accident. Should the company hold any kind of liability for the accident? 

Do you believe the company should either be held (partially) liable or they should withhold penalizing employees exercising caution?
The employee involved in the accident, would find it very difficult under current CT law to hold the employer liable under the scenario listed above. If the roads are open and have not been shut down by the Governor, and the employer mandates you have to be in work, the employer will likely not be held liable if the employee is in a car accident, due to the weather. The employee, as under any other circumstances, would have to drive very cautiously so they make it in safely. There are risks when driving even in good weather. The liable parties if there is an accident in bad weather would be the driver who failed to operate their vehicle safely and caused the accident. In some limited circumstances the employee could make a claim against the state for failure to maintain a safe road under the defective highway statute. However, these claims are hard to pursue because of the very strict standards of this statute.
The exception to the above scenario would be if the employee was doing the business of the employer during the time this accident occurred (running an errand for the employer or some other business purpose; or under the contract of employment it specifies that the employee is covered by worker's comp from door to door, such as police officers). Under that situation, the employer would be exposed to a worker's compensation claim, and/or liability if the worker is at fault for causing an accident that harms another third party.
Obviously, the employer should use good judgment on whether it wants its employees to come into work in bad weather conditions. I strongly suggest, your office follow a policy like our firm does. If the roads are really bad, call off work and set up workers to work remotely from their home on their computer. Our employees all have access to their work desktop from their home with a log in and can work nearly as proficiently as if they were in the office. In many cases they get more work done, without the interruptions of the phone ringing. Following this policy you will greatly increase the safety of your employees and they will appreciate that you put their safety above all other concerns. A happy and appreciated employee works most effectively and will work that much harder for a boss who puts their safety above the economic concerns of your company.
If you have any legal questions on this topic or any other topic please do not hesitate to contact our office at 203 755-0018.

At Tindall Law Firm we work hard for clients every day. We all want to see clients receive the justice and compensation they deserve. I hope you all have had a great summer and are looking forward to the fall season. 

As a family-based business, our staff is close, and we extend that friendly, caring attitude to our clients. We treat our clients as if they are our own family and truly care about them as more than just a number. It is this quality along with superior service and competent representation that has allowed us to become the "lawyer for life" for all of our clients and their families and friends to whom they refer us. 

Tavis Tindall
Tindall Law Firm, LLC