Section 25 Generally No Duty to Protect Others From Criminal Acts; Exceptions

• Library: Employer-Employee Law 2008

A major barrier to claims of negligence for incidents of workplace violence is that Missouri courts have generally held that there is no duty to protect others against intentional criminal conduct. Without such a duty, there can be no claim of negligence. See J.M. v. Shell Oil Co., 922 S.W.2d 759, 765 (Mo. banc 1996) (“In Missouri, a duty does not exist to protect business invitees from the criminal acts of third persons absent a ‘special relationship’ or ‘special circumstances.’”) (citing Miller v. S....