Legal Question in Personal Injury in Idaho

Suing an employer for battery

You are very right in assuming that the laws are different. BE sure that you get an Idaho opinion.

First, if you are an employee of the same employer then you may be covered by workers compensation and may not be able to sue the employer. That is how it works in New Hampshire.

If you are not an employee and are a customer then it may depend on the type of business that the employer is in. For example, if the palce is a bar and the emplyee that "battered" you is a bouncer then it is expected that the employer might be liable for this behavior because this is what thsis guy does..He throws people out of bars. If it is an office setting then the case may be different.

These are examples from my State, New Hampshire. You do need to see a Idaho attorney.

Suing an Employer for Employee Attack

It depends. Usually the Employer is immune, because the conduct is considered to be the criminal act of the employee for which the employer is not responsible. If however, the Employee was acting within the "scope of employment" of the Employer and committed the attack in some was related -- even distantly related to his job -- the employer may be on the hook. Anohter method to get coverage from the Employer for the attack concerns negligent hiring or negligent retention. If the employer knew at the time he hired the employee that he was a loose cannon (or learned same during the work history of the employee), the employer may be liable for 1) negligent hiring or 2) negligent retention. Check ID state law for a more specific answer; also you may wish to retain an ID attorney. We are GA attorneys.