Can I sue a restaurant if I got attacked on their property?

by Aly

I was in the back of a fast food restaurant on a break (I work at the restaurant) when a girl came up and started attacking me. Can I sue the restaurant for letting this happen on their property, while I was on the clock?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Can I sue a restaurant if I got attacked on their property?":

Aly (Tennessee):

Suing an employer for the actions of a fellow employee is possible. Before doing so there are several questions to be asked:

1. Did your employer allow this woman onto the premises knowing she had a propensity for violence?

2. Did your employer witness previous outburst of violence from this woman?

3. Did your employer complete any company “Incident Reports” in which this woman’s violence was noted?

4. Had the police been previously dispatched to the restaurant when the woman was acting out violence against herself or others?

5. Are there any Police Reports which were created as a result of this woman’s violence?

There are other questions to be asked. They are those which show the employer knew, or should have known, this woman had a propensity for violence. If the answers to many of the above questions is yes, it might be argued your employer did not protect their employees, and in this case, you from danger.

An employer has a duty to take all reasonable precautions to protect its employees. If they did not afford you the protection you deserved they may be liable for your injuries and for the additional pain and suffering you may have suffered as a result thereof.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

P.S. Please help us out by sharing this site...

Click here to post comments

Return to Workplace Violence Questions

How Much Is Your Claim Worth?

Find out now with a FREE case review from an attorney...

How Much Are Your
Injuries Worth?

Find out with a
free attorney review: