Section 36 Negligent Failure to Provide Security

• Library: Employer-Employee Law 2008

An employee who is a victim of violence on business premises may claim the business was negligent in failing to provide adequate security. For example, the victim may claim that the property owner or manager failed to provide proper locks, lighting, security cameras, and security personnel, or to limit nonemployees’ access to the workplace. If the employer is a lessee, the employee’s claim against the lessor would not be barred by the workers’ compensation exclusivity defense. A third party victimized by a violent employee on business premises may also assert such a claim. To some extent, such cases will turn on principles developed in premises liability cases in which no employment relationship is present, such as when the victim is a tenant, customer, or other invitee and the assailant a nonemployee. Such cases are not treated comprehensively here, with just a few examples mentioned.

In J.M. v. Shell Oil Co., 922 S.W.2d 759 (Mo. banc 1996), in addition to the employment issue of negligent training, discussed in §24.34 above, such security issues were raised. The...