Car struck in workplace car park. Is the employer liable?
I left my car in my works car park. The car park is exclusively for employees and there is no CCTV. Another employee has struck my car damaging it and driven off. Is the company liable as the car park is classed as within the workplace or am I left without a leg to stand on.
We know of no case law where the Court has awarded damages to a Claimant in the circumstances you describe. This may well be because such cases have not been reported but more likely that in view of the relatively low value of the claim, coupled with the lack of reasonable prospects of succeeding, no or few cases have been brought.
First and foremost, no claim can succeed without proof of negligence and unless the Court were to hold that any employer, who did not operate an effective CCTV system in their car parks, was negligent, the claim would inevitably fail.
I am sorry I cannot be more positive on this occasion.
