Workplace Violence and Negligent Security Claims

Experts estimate that workplace violence costs American businesses between $36 and $40 billion dollars annually. On average there are 1.7 million violent victimizations committed annually against persons at work or on duty. Most incidents involve simple assaults but 6 percent of all incidents involve serious attacks, rapes, robberies or murders. A significant percentage of victims of serious workplace violence require medical attention and/or hospitalization.

Traditionally, employers owed employees no duty beyond those set forth in the common law or in a state's worker's compensation laws. While worker's compensation laws may still limit the recovery of injured workers, in some instances, employers may be held liable for injuries their workers suffer because of the criminal conduct of another while on the job under the negligent security doctrine.

If you have been assaulted at work, you may have a negligent security claim against your employer. Contact an experienced personal injury attorney to learn more about your legal options.

Domestic Violence in the Workplace

A number of courts will hear negligent security claims stemming from domestic violence attacks at work. These assaults usually happen when the perpetrator attacks the victim after gaining access to the workplace through false pretenses. Most of the reported cases involve serious physical assaults or attacks resulting in death.

Employers may be held responsible for negligent security if the court determines that the attack and likelihood of domestic violence between the attacker and the victim was foreseeable. Knowledge that the attacker had made previous threats, knowledge of previous attacks and a lack of on-site security despite such knowledge, may contribute to a finding that the domestic violence at work was foreseeable. Depending on the exact circumstances of the attack, a victim's recovery may be limited to the benefits available under the state's worker's compensation scheme.

Co-Worker Violence

In some instances, employees may be able to assert a negligent security claim against their employer for attacks by co-workers. When an employee has been disciplined or terminated and that employee has expressed anger or made specific threats, an employer may have a duty to warn imperiled co-workers. Failure to make the appropriate warnings or provide adequate security to address the risk may expose the employer to liability under negligent security principles. In addition, injured employees may be able to allege claims based on negligent hiring, firing or retention.

Assumption of Responsibility

If an employer assumes the responsibility to provide security for its employees, the security provided must be reasonably adequate to protect the employees from foreseeable attacks and injuries. Employers may commit themselves to provide security through contracts or collective bargaining agreements with employees. They may also voluntarily provide security in response to particular crime threats or as part of an overall security program. Whatever the reason for establishing the security services, the security provided must adequately address the risks involved. An employer who fails to fulfill the obligation to use reasonable care may face claims for negligent security if and when injuries occur because of third-party criminal attacks.

Innocent Bystanders

Workplace violence may affect non-employees. Business visitors, vendors and customers all run the risk of being caught in the crossfire of a violent workplace incident. In those cases the legal responsibility of the employer as premises owner returns to a more traditional negligent security analysis. In extreme violence cases with multiple injuries, evidence of an employer's knowledge of any specific threats or past acts by the perpetuator and the circumstances leading up to the assault will be considered by the court in determining liability.

Conclusion

If you have suffered an injury while at work or been the victim of workplace violence at someone else's business, contact an experienced personal injury attorney to review the circumstances of your attack and all possible sources of recovery for your injuries.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.