Florida: Suit Filed over Fatal Shooting in Workplace

[user]

Here's what employers are afraid of:

A lawsuit has been filed over the death of a Florida man who was killed last year when a disgruntled employee opened fire in a downtown Orlando office building. The suit, filed by the man’s fiancé, names RS&H Inc., the engineering firm who owned the offices, and Allied Barton Security Services LLC as defendants. The suit accuses the defendants of negligence and failing to provide safety in the workplace. The lawsuit is seeking unspecified damages. - Anthony Colarossi, Orlando Sentinel

(from the Virginia Trial Lawyers' Association)

http://articles.orlandosentinel.com/201 ... names-rs-h

Reminds me of a line from Unforgiven:
"You just shot an unarmed man!"
"Well, he shoulda armed himself."

I wonder whether the employer had a "no guns" policy in effect. Of course, the "fiancé" (interesting that they used the masculine form of this French word) wouldn't have standing to file suit in Virginia, but that problem aside, seems to me that if they do have such a policy, then they've screwed themselves two different ways. First, by a negligent failure to rigorously enforce the policy, and secondly by requiring the employees to be defenseless. If they don't have such a policy, then I don't think there's any basis for such a claim.

[LFS]

Notice that a security company is also being sued. I doubt the engineering firm will have much liability because they took the steps to have security. The security company is probably in a different place, especially if their guards were unarmed.

An employer with a no-guns policy that does not offer its employees some other defense against an active shooter will be in a bad spot if something happens, especially if it can be shown that one of the employees harmed had active firearms experience and training. However, I am told that there is no case law in this area. If anybody has access to case law databases and can find an appropriate law suit, I'd be really interested in reading it.

[user]

I agree - as far as I know there is no such case. I've been arguing since the Va. Tech. shooting, and particularly as applied to "gun free" shopping malls and such, that the property owner assumes the positive and absolute duty to keep his "invitees" safe from such attacks by denying them the ability to defend themselves and other innocent persons. I'd argue the same goes for the employer, at least on a negligent hiring (of the security co.) theory.

[Diomed]

Did this incident occur before or after Florida's guns in parking lots law went into effect? I'm assuming after.

[kanata67]

Did this incident occur before or after Florida's guns in parking lots law went into effect? I'm assuming after.

I'm not sure as I don't remember the incident. I do know that it is against fl law to prohibit people from having guns in their cars unless it's a government building... in which case anyone who cares just parks across the street. Maybe Mcdonalds should have metal detectors to the employee changing rooms?

[gunderwood]

Did this incident occur before or after Florida's guns in parking lots law went into effect? I'm assuming after.

I'm not sure as I don't remember the incident. I do know that it is against fl law to prohibit people from having guns in their cars unless it's a government building... in which case anyone who cares just parks across the street. Maybe Mcdonalds should have metal detectors to the employee changing rooms?

Forget the metal detectors, I for one would like to submit to a TSA genital check every day on my way to work and before I purchase a burger and...

[kanata67]

Did this incident occur before or after Florida's guns in parking lots law went into effect? I'm assuming after.

I'm not sure as I don't remember the incident. I do know that it is against fl law to prohibit people from having guns in their cars unless it's a government building... in which case anyone who cares just parks across the street. Maybe Mcdonalds should have metal detectors to the employee changing rooms?

Forget the metal detectors, I for one would like to submit to a TSA genital check every day on my way to work and before I purchase a burger and...

awwwww... you just want to show off