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Discussion Forum

signs on truck, who is liable ?

| Posted in General Discussion on July 9, 2001 01:49am

*
I offered to one of my employees that if he put our magnetic signs on the side of his truck,and occasionally used it to chase materials, I would pay 80 a month on gas, charged to my account. question If my signs are on his truck and he is doing something wrong after hours, say like speeding, or drinking and driving or gets in an accident, does it legally come back to me since I am paying to have my signs on his truck. A friend ( another contractor) pays his employees gas bill, but said he would not put his sign on theri truck for that reason.

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  1. Phill_Giles | Jul 08, 2001 11:21pm | #1

    *
    In theory, the "registered owner" is liable, your sign is merely advertising for symbiotic benefit (he gets steady employment).

    Lawyers always go after the deepest pockets (including the largest insurance coverage) signs or no-signs will have nothing to do with it. As an example, if you break a window wearing a Roots sweat-shirt, Roots will probably not be drawn into the suit; but if your employee has an accident while on your business, you could face a suit.

    1. SHGLaw | Jul 08, 2001 11:49pm | #2

      *If he's using his truck in the course of doing your business, you could be liable. That's "could", as opposed to "are", because of a variety of other variables.If he's using his truck with your sign (and it suggests that it is your truck rather than his truck with advertising on it, than a lawyer will try to hold you liable regardless. But you will have no liability for speeding, or anything like that.SHG

      1. Gunner_1750 | Jul 09, 2001 12:20am | #3

        *Liable or not. Do you want people seeing your signs on his truck speeding through town getting DUI'S getting into accidents. It's your image floating around there, I would be careful how I displayed it. Personaly I would take them off of my truck at the end of the day anyway.

        1. Luka_ | Jul 09, 2001 12:22am | #4

          *You are using magnetic signs.It further blurs your connection. The signs are not a permanent part of the truck, like a painted on sign would be.Bottom line, he is the registered owner of the vehicle. If he is driving it on his own time, on his own business. He is liable.But if he is driving on your business, then you will hold at least some liability. Just having a magnetic sign on his truck, with your business name on it, does not make you any more liable than if he had a bumper sticker on his truck with my name on it would make me liable.

          1. josh | Jul 09, 2001 12:32am | #5

            *I agree with gunner in that I would not want my truck or bussiness name involved with any of the things I mentioned , not see it parked in front of a bar is another example. I would not make this offer to someone whom I thought would have a problem, nor would I put it on a p.o.s. truck (piece of sh**). The person has been with me for two years, does not drink, is proud of his truck, but does have a lead foot with two speeding tickets the past two years. But as I get older and more paranoid of the lawyers that sue anyone I just wanted to ask some of my friends opinion on the matter.

          2. Scooter_ | Jul 09, 2001 12:55am | #6

            *Phil, Gunner Luka, and the rest of you:You may be great contractors, but terrible lawyers. Josh: Don't take legal advice from me, or any of the other guys here. Spend $50-100 and get the real deal advice from a lawyer in your area.

          3. Luka_ | Jul 09, 2001 12:58am | #7

            *LOL You got that right.And me, I'm not even a good contractor.b : )

          4. Gunner_1750 | Jul 09, 2001 01:30am | #8

            *You got a point there. Like was pointed out a long time ago. We could all be a bunch of old ladies in a nursing home having fun with unsuspecting carpenters. LOL

          5. piffin_ | Jul 09, 2001 01:48am | #9

            *Good legal advice is worth what you paid for it here. Now if there was a Tauton Fine Lawsuits site...Actually, while speculating, I think the owner of a web site has some liability for things posted without certain fine print in the agreement you agreed to when registering. Seems like some parallels here.Practiaclly speaking - you could geet as much bad advertising as good from the situation you describe.You might try thios question in the BUISINESS section

          6. Mike_Smith | Jul 09, 2001 03:26am | #10

            *talk to your insurance agent about your company auto policy...in a package .. you can cover you for driving their truck , them for driving your truck, them for using their truck on your business, etc...and the sign has very little to do with it...

          7. Bob_Walker | Jul 09, 2001 01:49pm | #11

            *This is first year law school stuff, usually covered in Agency, sometimes in Torts. It's pretty basic. Wouldn't be on the final, or maybe a quickie for a point or 2.If he's on company business, you're liable (whether he has a sign or not); if he's on a "frolic" (i.e., not on co. business) you're not.The tough part is getting to the "you're not." It can be expensive. Check w/ your insurnace agent.

  2. josh | Jul 09, 2001 01:49pm | #12

    *
    I offered to one of my employees that if he put our magnetic signs on the side of his truck,and occasionally used it to chase materials, I would pay 80 a month on gas, charged to my account. question If my signs are on his truck and he is doing something wrong after hours, say like speeding, or drinking and driving or gets in an accident, does it legally come back to me since I am paying to have my signs on his truck. A friend ( another contractor) pays his employees gas bill, but said he would not put his sign on theri truck for that reason.

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