Was my workplace negligent?
Long story short, I was almost assaulted at work by a woman who has been trouble in the past. The workplace did not fire her and I had to quit for fear of personal safety. Can I sue the workplace?
- David 14Lv 73 years ago
No. Your fear is not their problem.
- JasonLv 53 years ago
Definitely, but you have to prove damages, were you injured ?
- SlickterpLv 73 years ago
Doesn't sound like it. "Almost assaulted" means what, she yelled at you? You won't win anything for that.
- lucyLv 73 years ago
Here is the problem, since you left a lot out and was in a previous question.
She (almost) assaulted you with a steel post, which the cameras did not get the (almost) incident, and 1 employee was a witness, but guessing may or may not tell them, since they may fear losing their jobs.
The problem is, that she is the head of the department and unlikely you can prove that she (tried) but did (not) actually assault you, since with assault, they don’t need to actually touch you but by her action she was threatening you.
Even if you sue, then you will need (prior) proof that she in fact has a problem of threatening employees or causing harm. The person who sues has the (burden) of proving (you) that she in fact tried to assault you and has in the past with other employees.
So odds are you will lose which is not what you want to hear.
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- Trivial OneLv 73 years ago
You would have to prove that they knew, or should have known, that she would assault you. Since she didn't actually assault you, I don't see that you have anything to claim. You being afraid that she might assault you is not the company's negligence.
- Mr. SmartypantsLv 73 years ago
Depending on the details, yes you can! But you might have a hard time proving it.
- 3 years ago
yeah i guess so
- MichaelLv 73 years ago
Given all the details that you’ve provided here, definitely maybe, unless otherwise.