Are Employers Responsible For Any Attack That Happens On The Premises?
Employment laws are a little bit different than they are regarding the responsibility of the land’s owner. Under Florida law, employers need to have “workers’ compensation protection”, so that employees who sustained on-the-job injuries would usually fall under the VOO worker’s compensation.
The premises where the employer has his business would need to be kept safe, which is a non-delegable duty that every owner has and it would be the responsibility of the premises owner.
Can A Negligent Security Claim Be Filed If The Attacker Was An Employee?
Yes, there would absolutely be a cause of action for a negligent hiring, for a negligent retention or for a negligent training. Occasionally on cruise ships, it has happened that the cruise ship employees have raped passengers, and in that case the employer should have known better because the buck stops with the employer.
The employer would have a responsibility to make sure the people they hired to serve the customers would not cause harm to any customers. This would be a little bit different than negligent security because negligent security would focus more on providing a proper and safe place to be regardless of the venue.
Is The Owner Of A Hotel Or Resort Liable If A Guest Was Attacked, And There Was Adequate Security?
We first need to clarify what could be considered adequate security for the situation where the guest was attacked.
If the guest was in a busy place like a hotel bar where there were hundreds of people in there being served alcohol but there was just one person there to control the crowds and for security, whereas they should have had 10 people for that purpose, then just having one person to control the crowd would probably not be considered adequate.
They probably should have had more security or they probably should have done something more to prevent an incident from happening. Additionally, these things usually occur more than once, so this guest might not be the first person to go to that hotel and be attacked.
In that case, the guest would feel that the hotel had a responsibility to make sure their guest’s safety was taken care of, and that is something that a lot of people take for granted. Most people who go to a hotel would assume they were going to a safe hotel because nobody would deliberately choose a dangerous place to go to. The hotel owner would have superior information and superior knowledge regarding his hotel or his bar, or wherever the incident happened so they should provide adequate security.
For more information on Employer Liability For Negligent Security, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (305) 985-7800 today.
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