Employees are holding their employers accountable under the 0HSA general duty clause. Negligence and lack of active shooter training overarch many of the employee cases. Negligent hiring and retention practices are examples.
Business Insurance online stated that lawsuits are being filed against employers in the wake of active shooter events. The article noted, “The U.S. Occupational Health and Safety Administration’s general duty clause states employers must have a place free of recognized hazards, and active shooting incidents are considered such a hazard, said Ms. Costa, adding her firm has been involved in defending some of these cases. Claims filed against employers in these situations include negligence and failure to train workers, she said.”
Read more from Business Insurance Online here…
Limiting your liability and improving operational staff and guest safety should (at a minimum) include basic active shooter training for your staff, complemented by overall preparedness. Organizations can strengthen active shooter readiness and reduce active shooter lawsuit liability to include:
1. Active shooter training, new-hire orientation, drills, and functional exercises.
2. HR review of hiring and retention policies (most difficult employees had problems before you hired them).
3. Immediate response to workplace bullying or threats.
4. Listenwhen employees voice concerns about a coworker; you might not get a formal complaint.
Key Takeaway: Develop and maintain appropriate hiring and retention practices, complemented by active shooter training and exercise programs. Remember that perimeter protection and entry control doesn’t work when your problem is within.
Victims and Families are also Filing Lawsuits
In addition, family members of victims are also filing lawsuits, and the courts are holding organizations accountable for these events. Litigators are asking questions such as, “Did the organization have a duty to act? Were there reasons to suspect violence? Where steps taken in advance, such as training employees, conducting site assessments, and medical supplies?”
Below are a few examples to help illustrate these points:
Morgan & Morgan Law Firm is filing massive claims in response to the Las Vegas Shooting, “If you or a loved one were affected by the shooting, contact us today for a free, no-risk evaluation of your situation.”
MORGAN AND MORGAN LINK PAGE
Litigation Insights website has an interesting article about the emergence of these types of lawsuits. They stated, “As we look to premises owners to take control and provide adequate protections in the event that something were to occur, we also look to blame them when we feel they have failed to meet society’s increasing expectations of safety. As these lawsuits proceed, some jurors will inevitably blame premises owners in an effort to ensure that businesses take the necessary steps to secure their premises and give us those feelings of security.”
https://www.litigationinsights.com/active-shooter-premises-liability-jurors-safety/
What are your comments?
