DECISIONPOINT THE DECISION


The Supreme Court of New York for Kings County held that defendants, including Bovis, had no duty to protect employees working on sites they controlled or operated against unforeseeable and unexpected assaults. The court ruled that there was no common law duty owed by Pinnacle, Zerbo‘s


employer, or Bovis to perform a screening process to uncover a propensity for violence. Such a duty would only be triggered, according to the court, when the employer knows of facts that would lead a reasonably prudent person to investigate the prospective employee.


Further, Pinnacle could not be held liable under a theory of negligent hiring, retention or supervision because those theories require a showing that the employer knew or should have known of the employee‘s propensity for the conduct which caused the injury.


LEARNING AND KEY CONSIDERATIONS


This case undoubtedly presents an unfortunate set of circumstances, yet the employers on the job site were not liable. This does not mean that all employers can expect to have lawsuits against them dismissed when their employees act out or cause injury to others while performing work. Here, the court‘s ruling turned on what the employers at issue knew or should have known about the assailant-employee‘s propensity for violence. Employers who do conduct background checks and have some knowledge of prior violent acts may see different results. Moreover, employers who have knowledge of prior aggressive behavior or conflicts with co-workers will likely face a higher burden. For those employers that perform routine background checks, they should be mindful that such information may be held against them in the event that an employee commits a violent act while on the job. This does not mean that any person with a history of conflict or even convictions, poses a risk of violence and therefore should not be employed. To the contrary, it means that each conflict or bit of information learned by the employer (or more specifically, supervisors and HR personnel) should be evaluated and acted upon reasonably. Further, any actions to discipline or counsel an employee regarding their conduct should also be documented.


Ray Troup v. Bovis Lend Lease LMB, INc., et al., 990 N.Y.S.2d 770 (April 24, 2014)


James L. Curtis jcurtis@seyfarth.com 312.460.5815


Meagan Newman mnewman@seyfarth.com 312.460.5968


Book It!


Personal Security: A Guide for International Travelers (Paperback) By Tanya Spencer


Reviewed by W. Barry Nixon


As more and more businesses expand their operations and customer base international travel has become an increasing necessity. Large multinational firms have the resources to prepare their people for international travel, however, professionals with small businesses are often left to learn the intricacies of international travel on their own. To the rescue, Tanya Spenser! Her book could have well been called the 'Small Business Professionals Travelers Guide' because it gives great guidance on how to prepare ahead of time and what to expect when traveling in other countries. Every small business should provide this book to their personnel that need to travel internationally. The book is a real gem and even a seasoned international traveler like me learned a few new things. I highly recommend this book.


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