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pop45

Employees Fighting in parking lot

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Curious, if a man has a business and two of his employees get into a fight. No police report was ever filed and no charges brought up any one. If one of those employees, chips his tooth for instance. Can he come back and file suits for damages to the business owner and/or the property owner??

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Can he come back and file suits for damages to the business owner and/or the property owner??

 

You're asking whether the employee can sue "for damages to the business owner and/or property owner."  Is that really what you intended to ask?  If so, while anyone can sue anyone for anything, the employee has no standing to sue for damages suffered by someone else.  But I suspect this isn't really what you intended to ask.

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pop45,

 

Thank you for your post.  It depends on the situation.  Did it occur as they were leaving for work? Does the business owner own the parking lot?  Were they allowed to beat each other up openly? Was the employer aware of the tense situation and did nothing to prevent it?

 

-The FindLaw.com Team

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He can obviously try, but success is another matter. If the fight was the result of a work related dispute that got out of hand, WC would be the exclusive remedy. If there is no work related connection at all and these two just happened to be in the lot discussing who will win the big game and decide to settle it like bratty 10 year olds, no liability for the employer. If there was some defect in the property which caused one of them to fall and chip his tooth, even if he was fighting with someone at the time, there may be general liability for the employer/owner of the property.

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I agree in part. Hypothetically, the fight (even based on assumption of the risk/contributory negligence by both mutual combatants), trips, falls or otherwise injuries themselves because of a known dangerous condition o the property (e.g. Open Hole, inadequate lighting, broken stair rails/stair case, etc), then Yes, they could sue and even overcome a Motion to Dismiss based on Summary Judgment on a Notice issues on the subject property. I agree with the others. We get lawsuits all the time based on premises liability. Make sure to carry good general liability insurance and have an excellent commercial leasewith a strong contractual indemnification clause. Also, this fight should give you notice that this Tenant has control issues. Thus creating a known dangerous condition on the property if another fight incurs and a third party is injured. If they cannot control their employees, then what else? I would be concerned if we represented the Owner's and try to prevent exposure is a good idea. A careful review of the lease is a good idea.

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