Articles Tagged with assault

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Nursing Home IncidentA repairman arrives to your house in a company van. He rings the doorbell. You answer and let him into your home. You expected him. Your cable is not working and you called for service. Instead of making repairs, the repairman pulls a knife and attacks you. This is the tragic set of events that recently happened to an elderly lady in Texas. When her family later went to check on her, they found her stabbed to death. Yes, the attacker was eventually convicted and sentenced to life in prison. But, no criminal punishment will ever bring back a loved one.

We live in angry times. In the last couple years, we’ve seen a huge rise in workplace assaults where someone suffers a personal injury. I’ve written in the past few months about Alabama law related to workers’ compensation for assault-related injuries. By that, I mean an employee is the one injured in an assault. One well-known recent workplace assault case even occurred here in Madison County. If you want to know more about whether or not employees injured in workplace assaults are covered by workers compensation in Alabama, you can read some of my past posts on the topic.

I wrote last week about a different assault topic. If a customer is assaulted and injured by another customer (or guest) at a business, can the injured customer pursue a personal injury claim against that business? When is a business liable for assault-related injuries where a guest injures a customer? It’s a tricky issue. It’s often difficult to pursue a personal injury case in these situations. In my post last week, I discussed a hotel injury case where an angry person in the parking lot shot someone. It can be very difficult to hold a business liable for a criminal act committed by a guest or customer who simply comes on to the property. You can read my post from last week if you have questions about that issue.

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Untitled-design-3-300x300A recent wrongful death case in Florida raises an issue we see in our practice as well. What happened? A hotel guest was shot and killed in the facility’s parking lot. The shooter was not an employee of the hotel. Here is the issue — When is a business liable for a criminal act by someone else on its property?

By someone else, I mean someone who is not an employee of that business. We are talking an outside person who arrives and commits a crime that causes a personal injury. I’ll talk about employees who commit criminal acts in a later post – Those cases raise other questions about the employer and the actions it took to vet, monitor or supervise its employees. Today, we’ll just talk about a non-employee who shows up, commits a crime and hurts a customer in the process.

I’ll give you a few more details about the Florida case. Several guests provided statements indicating the shooter had been harassing people at the hotel before the shooting. The investigation revealed that the shooter became enraged after arguing with his girlfriend who worked for the hotel. Now that you know a few more facts, it’s clear this was not some random stranger who showed up and hurt someone. Like so many legal issues – The issues are difficult and require skilled legal advice.

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In the last couple years, we’ve seen a tremendous increase in workplace injuries due to assaults. Usually, it’s a service industry worker assaulted by some irate customer. The customer gets angry because they had to wait for a table at the restaurant, or maybe they could not get their favorite table. So, the person become irate and hits the hostess. It’s all too common. It’s shameful behavior.

Over the last couple years, I’ve written several articles on the issue. My articles include the two below that discuss several serious workplace assaults:

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Untitled-design-3-300x300A well known workers compensation author publishes an annual list of the Top 10 most bizarre workers compensation cases. From time to time, an Alabama case makes the list. But, not this year. The list is always interesting and entertaining reading. You can read the 2021 bizarre work comp case list HERE.

The 2020 list contained multiple cases involving bizarre workplace assaults. Customers punching a manager over a mask requirement. Customers beating a restaurant hostess over social distancing requirements. Add a postal worker getting shot over the late delivery of a stimulus check. It was a violent year and the coronavirus was front-and-center. I wrote an article about these assault-related workplace injury cases last year titled Workplace Assaults Continue To Be A Serious Problem.

Would the 2021 list be different? Did we all calm tremendously in 2021? Apparently not. The same writer has now published his bizarre list for 2021 (last year). The 2021 list also contains multiple workplace assault cases. Thankfully, none are from Alabama. Here are the unusual assault cases listed:

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Workplace Assault InjuryEarlier this year, I wrote an article discussing work comp benefits and workplace assaults. You can read that article here:

Assaulted In The Workplace And Need Work Comp?

Workplace assaults are common for many professions. Think about nurses and the large number of difficult encounters they face with patients and families. Think about restaurant workers and other service industry professionals who interact with customers on a daily basis. Think about law enforcement officers and other first responders who deal with the public during the worse possible events. Just this morning, I read a headline on al.com about a FedEx driver who was shot by another driver in a road rage incident in Birmingham. Workplace assaults are not unusual. Many professions are impacted.

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Blackwell Law Firm - Huntsville Injury LawyersA well-known work comp writer publishes an annual Top 10 list of the most bizarre workers compensation cases. When it comes to bizarre, the year 2020 really shines bright!

Three of the top 10 bizarre cases for 2020 are COVID-related. Are you surprised? I’m certainly not. More specifically, all three coronavirus-related cases involved assaults. Again, I’m not surprised at all. We lived through a turbulent year! I’m using the past-tense “lived” in the hope we are entering a time of greater stability and sanity.

When A Virus Infects The Workplace With Violence!

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Workplace Accident & InjuryRecently, someone asked us the following question:

If you get attacked while working, does workers comp pay?

That’s a good question. It is within our law firm’s area of personal injury. And, we have actually handled past work comp cases involving this issue. What’s the answer? The answer is a qualified yes. C’mon, you know tough legal issues rarely have absolute answers. The answer is, yes, an attack CAN be a work comp case. But, the details are very important.

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