Keith Patten explores the difficulties involved in an employee suing their employer for an injury sustained in an attack at work
There are many workers who face the threat of assault in the course of their employment. In general the courts have been reluctant to find employers liable in negligence for injuries sustained in such assaults. In part this stems from underlying policy concerns to do with the nature of negligence law itself.
To a large extent, the modern law of negligence grew out of 19th century liberalism and notions of personal responsibility. Ideas of corrective justice are comfortable imposing liability on defendants for injuries which they have clearly caused. There is a reluctance to impose such liability where the direct and immediate cause is third party conduct, particularly where that conduct has elements of criminality (whether or not the assailant was, in fact, capable of forming the necessary mens rea of any offence).
Vaile v London Borough of Havering
The issue of an employer’s liability in negligence for the injuries suffered by its employee in an assault at work have arisen
