Legal Question in Personal Injury in Florida
If assault & battery occurred within the defendants business can the business as well as the Defendant (owner) be sued.
Thank you
4 Answers from Attorneys
Need more facts. Was it in the course of employment? Was there a prior history with this employee?
Not enough information to make an informed response. Generally speaking, employers are not liable for the intentional criminal acts of their employees even if committed while on the job. The rationale is that it is not part of the employee's job to commit criminal acts such as an assault and battery. There are important exceptions, such as if the employer knew that the employee had a history of such violence before the employee was hired or learned of such history after the employee was hired but did not take any action as a result of that knowledge to prevent future occurrences. You should consult with a personal injury attorney who handles premises liability/ employment cases right away. You must act within any applicable time limits or your legal rights could be lost.
The circumstances are critical in determining whether a viable claim against the business exists. There is no automatic liability in Florida for injuries which occur on commercial property/place of business. Some form of tort liability must be established. Accordingly, more facts are required for any meaningful review.
Perhaps. More facts are needed. Seek a legal opinion with all your detailed facts.