Is a manager liable for a customer’s accidental injury?

Is a manager on duty liable for a customer’s accidental injury that occurred in a national retail location? The customer is in litigation with the retail company for an incident that occurred 4 years ago.

Posted 01-12-2011

Ann Kiernan replies:

As a general rule, managers are not personally liable, so long as they act reasonably, in good faith, and in the course and scope of their employment. Most, if not all, states have statutes that allow or require companies to provide legal counsel, defend their employees (or former employees) in litigation, and to pay any judgment or settlement entered against those employees. You may want to consult with a local attorney who knows both employment and personal injury law to get a better idea of your rights. Good luck.


Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.


About the Author:

Ann Kiernan has litigated claims of wrongful discharge and discrimination before state and federal courts and administrative matters before the New Jersey Division on Civil Rights, the National Labor Relations Board and the Equal Opportunity Employment Commission, representing both employers and employees. Ms. Kiernan co-hosted The Employee Rights Forum, a weekly radio call-in show reaching up to a half-million listeners in the New York metropolitan area, and her articles on employment law have been published in many books and magazines. Both as a firm partner and as a director, Ms. Kiernan gained solid experience in management and human resources compliance. She has worked with Fair Measures since 1997.