Boca Raton, FL asked in Employment Law, Personal Injury and Workers' Compensation for Florida

Q: I was a former employee of 7-11 for about 3 to 4 years I was attacked by a customer.

The night before I was attacked the same customer threatened me and threw all type of items at me that were displayed on the counter. I reported the incident to my manager nothing was done about it. Because the next night I was attacked by the same person in the store.

2 Lawyer Answers
James L. Arrasmith
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A: If you were attacked by a customer while working at 7-11 and had previously reported threats from the same individual to your manager, you may have grounds for legal action against your employer. Employers have a legal obligation to provide a safe working environment for their employees and to take reasonable steps to protect them from known dangers, including violent customers.

Here are some steps you should consider:

1. File a police report: If you haven't already done so, file a police report about the assault. This creates an official record of the incident and may lead to criminal charges against the attacker.

2. Document the incident: Write down a detailed account of both the initial threat and the subsequent attack, including dates, times, and any witnesses. Keep copies of any relevant documents, such as medical records if you received treatment for injuries.

3. Notify your employer in writing: If you haven't already, inform your employer about the incident in writing, emphasizing that you had previously reported the customer's threatening behavior to your manager.

4. File for workers' compensation: If you suffered injuries from the attack, you might be eligible for workers' compensation benefits to cover medical expenses and lost wages.

5. Consult with an attorney: Contact a personal injury attorney or a workers' compensation attorney to discuss your legal options. They can help you determine whether you have a strong case against your employer for failing to provide a safe work environment and failing to take action after you reported the initial threat.

Depending on the circumstances, you may be able to pursue legal action against 7-11 for negligence in failing to protect you from a known threat. An experienced attorney can advise you on the best course of action based on the specific details of your case.

1 user found this answer helpful

Stephen Arnold Black
Stephen Arnold Black
  • Orlando, FL
  • Licensed in Florida

A: I have never seen a case in Florida where an employee can sue his employer for damages suffered in a third-party criminal attack on the job based on security negligence. The normal remedy that an employee has for damages that occur on the job is workers comp. Additionally, you can sue the individual who attacked you, but it’s highly likely that that person does not have assets that you can pursue recovery against. You should discuss this with a Florida attorney for more specific advice.

1 user found this answer helpful

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