Can I sue a restaurant if I got attacked on their property?

by Aly
(Tennessee)

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?

ANSWER for "Can I sue a restaurant if I got attacked on their property?":

Aly (Tennessee):

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.

Since laws change frequently and across jurisdictions you should get a personalized case evaluation from an attorney licensed in your state (if you haven't already). Find an experienced local attorney to give you a FREE personalized case review here.

Best of luck,

Law Guy

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