Can I suemy employercompany for being assaulted at work by an employee who they knew was a risk to the welfare of other employees?

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Can I suemy employercompany for being assaulted at work by an employee who they knew was a risk to the welfare of other employees?

I was assaulted on 2/25/11 by another employee with a hammer 3 x’s. This employee is the owner’s brother. The only reason he is still employed there. This is the 2ndincident in the last year. I left the building immediately, called police, went to ER (blows were right on the heart). I returned to work on 2/28/11, to find that the other employee was still on the job and no disciplinaryaction had been taken. I am not the only employee he has attacked. Do I have a case against the company? Should I speak with a personal injury attorney? In Toledo, OH.

Asked on March 3, 2011 under Personal Injury, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You should definitely speak with either a personal injury or perhaps an employment attorney, since you may have a case. Usually, you would not--companies are not generally liable for the criminal acts of their staff, since criminal acts are beyond the scope of employment. The exception is when a company has reason to know that an employee represents a danger: when that is the case, the company may be liable for "negligent hiring" or "negligent supervision." If there was a prior incident, that may be enough to establish that the company knew of the danger and should have taken action. You may also sue your attacker himself for your injuries, medical bills, lost wages, etc.


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