Question

Does the coming and going rule protect Warner from liability

Answer 1

Employers often ask if they are liable for the advantages of Workers ' Compensation if their staff are injured on the manner to work.

Usually (and luckily) an employer is not responsible to provide compensation advantages to employees for injuries suffered during one's daily commute. This is called the rule of "coming and going." There are exceptions, however, like most stuff with law. The rule is not as easy as it is perceived by many individuals.

No, Warner is not protected from liability by the coming and going law. The coming and going rule is described as "a rule that states that a principal is not usually responsible for accidents suffered by his officials and staff on their manner to or from job." However, I found that there are a few exceptions to the rule after conducting studies on the coming and going rule. The exception to this situation is the "Commercial Traveler" rule, which holds the principal responsible for the entire journeys of the agent when an officer is away on company.As a result of my findings, because Brandon was returning home from a business trip, Warner is held liable for the negligence of their employee, even though it seems that he was not acting in the scope of his employment.