While at work my manager threw a box at me from a loft, can I sue the company for the act of aggression?

I was looking for a box with product in it. I couldn’t find it. I told the manager and he proceeded to make me fallow him and angery voice said I’ll find it. Once he did it was in our loft he threw the box full of stuff down at me from around 10-12 ft in the air and out just about as far. Is there a legal suit here or no?

Asked on March 2, 2017 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No there is no lawsuit: throwing an item at you is assault; assault is a criminal act; an employer is not liable or resonsible for the criminal acts of its staff, because committing criminal acts is not part of their job or what they are hired to do. You could look to press charges against the manager, or to sue him--but of course, since you can only recover compensation for significant injuries or for out of pocket medical costs, there's no pint in suing unless you were hurt (and, as practical matter, hurt fairly badly, since for a minor injury, you'd spend more time and money suing than you'd get back).

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