Can an employer be held liable for paying travel expenses for an off-duty police officer's injuries to innocent third parties?

California, United States of America

The following excerpt is from Le Elder v. Rice, 21 Cal.App.4th 1604, 26 Cal.Rptr.2d 749 (Cal. App. 1994):

3 Payment of travel expenses does not necessarily establish the existence of employer benefit so that the employer should bear responsibility for the risk of injuries to innocent third parties. (Harris v. Oro-Dam Constructors, supra, 269 Cal.App.2d 911, 917, 75 Cal.Rptr. 544.) We do not find the factor of significance here.
4 See Henriksen v. City of Rialto (1993) 20 Cal.App.4th 1612, 25 Cal.Rptr.2d 308, where the employer city was not liable for an off-duty police officer's wounding of another officer when the weapon he was allowed to carry at all times accidentally discharged. He was not acting within the scope of his employment.

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