Violent interactions with another person can occur with minimal warning. Some people take it personally when the person sitting next to them at the bar cheers for the other team during the football game. An individual trying to rob a store might assault someone in their attempt to flee the premises.
An employee might even be the reason that a visitor to the business gets hurt in a violent attack. There are countless scenarios in which members of the public could end up assaulted while visiting or patronizing a business.
Who is liable for the expenses generated by an assault that occurs at a local business?
Assailants are liable for their behavior
Personal injury statutes allow people directly harmed by others to hold people accountable for their misconduct or negligence. In a scenario involving an assault, the criminal who attacked someone else in a public location is theoretically liable for any damages generated in that incident. Unfortunately, it is not always possible to identify assailants who flee the premises before law enforcement arrives. What happens when holding the individual accountable isn’t a realistic goal?
Businesses can be liable for visitor injuries
There are several legal standards that can make a business liable for the injuries visitors suffer. When the assailant is an outside party with no affiliation to the business, claims of negligent security might lead to business liability. Negligent security involves failing to do what reasonable people recognize is necessary for public safety. Failing to secure the building, hire security professionals or install proper lighting in parking lots could lead to premises liability claims for assaults that take place at the business.
If the assailant is actually an employee at the company, then the organization may also be responsible for the injuries they cause. Vicarious liability rules allow those harmed by the misconduct or negligence of an employee to hold the business that hired them accountable. Typically, businesses have insurance that can help cover the expenses generated in an assault.
Reviewing details about an incident with a skilled legal team can help injured parties determine if they have grounds for a premises liability lawsuit. Businesses or their insurance companies often have to compensate those assaulted while patronizing a company.