If you have been physically assaulted and injured by an employee of a business, you may wonder if it is possible to sue. Although there was a time when the only remedy was criminal charges, more states today allow lawsuits against the business that employs the work. The following are a few things you should know.
You may be able to sue for negligence in hiring
Although there was a time when you couldn't expect a business to do background checks on their applicants, times have changed. There are plenty of services available online that can give you the most important information. Most notably are criminal records. If someone will be working with the public, it is important to know if there is any aggressive behavior in a person's background. A business can no longer depend upon personal references that will always speak highly of an applicant, nor can a business depend upon previous employers who are likely to say anything negative for fear of a lawsuit. Many states now have laws for diligence in hiring.
You may be able to sue for negligence in retention
This simply means that the company had become aware of the violent aspect of an employee but failed to take appropriate action. It is possible that a business was diligent in hiring the person who attacked you, but over time, they began to discover the aggressive behavior of the employee. At that point, instead of terminating the person, they did nothing, or perhaps they didn't do enough. A written or verbal warning for serious, aggressive behavior should be met with immediate termination.
It is imperative that you consult with a personal injury lawyer
There are many reasons for this, but at the top of the list is that this type of lawsuit is dependent upon the state the assault took place in. There are still a few states that do not allow this type of lawsuit, but even these states can change their laws overnight. You also need legal assistance because you will be told that criminal charges are the only option you have. A business manager is likely to tell you this if you bring it up after the assault. But it is your own attorney that will understand the law and will be working in your interest.
If you have been assaulted and injured by an employee of a business, you need to seek medical attention. If warranted, you should also call the police. However criminal charges will not pay your medical bills. You need to contact a personal injury lawyer to find out what your options are to sue the employer of your attacker. They may have been negligent, and if so, you are likely entitled to the full range of compensation related to you injuries. Consult with personal injury lawyers in your area today.
