Robberies and Intentional Torts

By Larry Feheley

Everyone is aware that employees can potentially pursue an "intentional tort" claim, over and above a claim for workers' compensation benefits, when they are injured at work. In order to prevail on such a claim, the employee must prove that the employer knew of the hazard and was substantially certain that injury would occur to the employee.

A series of new cases, such as employees recovering for being asked to work outside medical restrictions, have tested and expanded the scope of intentional tort recoveries in Ohio. And cases continue to push the envelope.

A good example is a recent case in Cuyahoga County. In this situation, an employee was murdered during a robbery that occurred where she worked. Her father, as executor of her estate, filed a wrongful death claim and an intentional tort claim against her employer. The argument on behalf of the Estate was that the employer was substantially certain that a robbery or violence would occur, and that it failed to warn the employees or take appropriate measures to prevent the dangers. Claims were also filed against the owner of the building in which the employer's offices were located. The case never went to trial, so we don't know what the outcome would have been. However, the Estate's claims were settled before trial for a mere $1.1 million. [Source: 6 O.L.W. 981 (12/30/02)].

Although this case was a voluntary settlement and not a judicial ruling, it underscores the expansive nature of intentional tort claims in Ohio.