Thread: packing at work
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Old October 7, 2011, 12:08 PM   #9
zukiphile
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Join Date: December 13, 2005
Posts: 4,462
Hartlock, the answer to your question "Can he be sued?" is almost always "yes". As a general matter anyone may be sued for anything at any time.

Given the background of your question the shot employee or his estate would have little chance of prevailing in my state.

One element of such a claim would be that the criminal act that injured a person was a foreseeable cause of injury. However, lots of courts have held that a criminal third party act breaks that causal link. There is even a case holding that in the textbooks used by all first year law students.

Another element is breach of a duty. I am not aware of any case holding that an employer has a duty to let you carry.

But what about an employer's duty to provide a safe workplace? I admire the flexibility of analysis that brings that question to the issue, but the presence of armed employees cuts both ways: if your employer permits you to go armed at work in order to protect you, you are armed to further a company goal as a matter of company policy. If you snap and "go postal", or just have an accident, the resulting injuries would therefore have resulted from a company goal and associated policy.
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