Employer’s Liability Scope: Are Employers Liable for Assaults on Public Property?

Each year, countless employees are injured in workplace assaults, prompting a critical question: Employer’s Liability Scope: Are Employers Liable for Assaults on Public Property? The answer, while complex, often hinges on the employer’s duty of care and whether they took reasonable steps to prevent foreseeable harm. Understanding the scope of employer liability is crucial for both employers and employees navigating the complexities of workplace safety and legal responsibilities.

Defining Employer’s Duty of Care

Employers have a legal and moral obligation to ensure the health, safety, and well-being of their employees. This obligation, known as the “duty of care,” extends beyond the physical confines of the traditional workplace and can include public property where employees perform their job duties. The extent of this duty is defined as taking all the steps a reasonable person would take in the same situation to avoid causing harm. If an employer’s actions fall short of this standard, they may be considered negligent and held liable for resulting damages.

The Occupational Safety and Health Administration (OSHA) reinforces this duty, requiring employers to provide a workplace free from recognized hazards that cause or are likely to cause death or serious physical harm. This “General Duty Clause” sets a baseline for safety management in every U.S. workplace.

Liability for Assaults on Public Property: Key Considerations

Determining whether an employer is liable for assaults on public property involves several key considerations:

Foreseeability: Was the assault a foreseeable risk? Employers are generally not liable for random, unforeseeable acts of violence by strangers. However, if there’s a known history of violence in the area or specific threats were made, the employer’s duty of care increases.
Scope of Employment: Did the assault occur within the employee’s scope of employment? Generally, the employer is more likely to be held liable if the assault occurred while the employee was performing their job duties.
Negligence: Did the employer act negligently in some way? Negligence can take many forms, including:
- Negligent Hiring: Failing to conduct adequate background checks, especially for positions involving public contact.
- Negligent Retention: Keeping an employee on staff after learning of their violent tendencies.
- Failure to Provide Adequate Security: Not implementing reasonable security measures in a high-risk environment, such as adequate lighting, security personnel, or functioning surveillance systems.
- Failure to Warn: Not warning employees of known dangers in the area.
- Inadequate Training: Failing to provide employees with proper training on how to handle potentially violent situations.
- The “Reasonable Person” Standard: Courts often use the “reasonable person” standard to determine if an employer met their duty of care. This involves assessing whether a hypothetical, ordinary person in similar circumstances would have taken the same actions.

Legal Theories for Establishing Employer Liability

Several legal theories can be used to establish employer liability for assaults:

Respondeat Superior: This doctrine holds employers liable for the actions of their employees if the actions occurred within the scope of employment.
Negligent Hiring/Retention/Supervision/Training: As mentioned above, these theories focus on the employer’s failure to exercise reasonable care in hiring, retaining, supervising, or training employees, leading to the assault.
Premises Liability: This theory applies when the employer owns or controls the property where the assault occurred. The employer has a duty to maintain a safe environment and can be held liable for injuries resulting from their negligence.

Examples of Employer Liability in Assault Cases

A delivery driver is assaulted while making a delivery in a high-crime area. If the employer was aware of the risks and failed to provide the driver with safety training or security measures, they could be held liable.
A retail worker is assaulted by a customer with a known history of violence. If the employer was aware of the customer’s violent tendencies and failed to take steps to protect employees, they could be held liable.
A home healthcare worker is assaulted by a patient. If the employer failed to adequately screen the patient or warn the employee of potential risks, they could be held liable.

Practical Steps Employers Can Take to Mitigate Risk

Employers can take several proactive steps to minimize the risk of assaults and reduce their potential liability:

Conduct Thorough Background Checks: Implement comprehensive background checks for all new hires, especially those in positions with public contact.
Develop a Workplace Violence Prevention Program: Create a written policy that prohibits threats and violent acts, establishes procedures for reporting concerns, and provides training on conflict resolution and de-escalation techniques.
Implement Security Measures: Assess the risks in the workplace and implement appropriate security measures, such as adequate lighting, security cameras, alarm systems, and security personnel.
Provide Safety Training: Train employees on how to identify and respond to potential threats, including de-escalation techniques and self-defense strategies.
Address Employee Concerns: Take all employee complaints and concerns seriously and investigate them promptly.
Offer Employee Assistance Programs (EAPs): Provide employees with access to counseling and support services to help them cope with stress and potential trauma.
Maintain Adequate Insurance Coverage: Ensure that the business has adequate insurance coverage, including workers’ compensation and employer’s liability insurance, to protect against potential claims.
Consult with Security Experts: Collaborate with security experts to assess risks and develop comprehensive security plans.
Establish Emergency Response Procedures: Document emergency response procedures and provide practical training with local law enforcement.

The Role of Workers’ Compensation

In many cases, employees injured in workplace assaults are eligible for workers’ compensation benefits. Workers’ compensation provides coverage for medical expenses, lost wages, and other related costs, regardless of fault. However, workers’ compensation may not cover all damages, and in some cases, employees may be able to pursue a separate negligence claim against their employer.

Seeking Legal Counsel

If you have been assaulted while working on public property, it is crucial to seek legal counsel from a qualified attorney. An attorney can help you understand your rights, assess the potential for an employer liability claim, and navigate the complex legal process. Similarly, employers facing potential liability claims should seek legal counsel to protect their interests and ensure compliance with all applicable laws and regulations.

Conclusion

The question of whether employers are liable for assaults on public property is highly fact-dependent. While employers are not insurers of their employees’ safety, they have a legal and moral duty to take reasonable steps to protect them from foreseeable harm. By understanding the scope of their duty of care, implementing proactive safety measures, and seeking legal counsel when necessary, employers and employees can work together to create safer work environments and minimize the risk of workplace violence.