What is the sidewalk rule?

The "sidewalk rule" isn't a formally codified legal rule with a single, universal definition. Instead, it's a general principle used primarily in employment law, specifically related to the scope of employment and employer liability. It describes a situation where an employee is injured while engaging in activities that are considered personal or outside the scope of their employment duties.

Essentially, the sidewalk rule holds that employers are generally not liable for injuries suffered by their employees while they are off-duty, even if the injury occurs on the employer's premises or during a work-related commute. The core idea is that the employer's responsibility for employee safety ends when the employee is not performing work-related duties.

Here's a breakdown of key aspects:

• "Going and Coming" Rule: The sidewalk rule is closely related to the "going and coming" rule, which typically states that employers are not liable for injuries sustained by employees while commuting to and from work. This is because the commute is generally considered outside the scope of employment.

• Exceptions: There are exceptions to the sidewalk rule. An employer might be liable if:

  • The employee was on a special errand for the employer during the injury.
  • The injury occurred on the employer's premises, and the employer failed to maintain a reasonably safe environment.
  • The employee was injured while participating in a work-sponsored event.
  • The employer provided transportation as part of the employment.
  • The employee's commute is considered part of their work (e.g., a delivery driver).

• Jurisdictional Variations: The application of the sidewalk rule can vary depending on the specific jurisdiction (state or country) and the facts of the case. Courts may interpret the "scope of employment" differently.

• Workers' Compensation: Workers' compensation laws often provide a separate avenue for employee injury claims, regardless of whether the employer is legally liable. Even if the sidewalk rule applies, an employee might still be able to receive workers' compensation benefits.

In summary, the sidewalk rule is a general principle suggesting that employers are not usually responsible for injuries sustained by employees outside the scope of their work, even if on employer property. However, numerous exceptions and jurisdictional variations exist, making it essential to consult legal counsel in specific situations.