Is an employer obligated to indemnify a third party who has been found liable to an employee who was injured as a result of their negligence?

California, United States of America


The following excerpt is from Engle v. Endlich, 12 Cal.Rptr.2d 145, 9 Cal.App.4th 1152 (Cal. App. 1992):

6 "[U]nless there is a written agreement to the contrary, an employer is not obligated to indemnify a third party who has been found liable to an employee who was injured as the result of the joint negligence of the employer and the third party. (Lab.Code, 3864.)" (Arbaugh v. Procter & Gamble Mfg. Co., supra, 80 Cal.App.3d at p. 506, 145 Cal.Rptr. 608.)

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