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?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
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.
Learn more here: Assaults and Workplace Violence
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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