Teacher assault cases – when can an employer be liable?
Unfortunately, we are seeing an increasing number of claims being brought by school staff members that are being assaulted by students whilst at work. Sometimes the injuries are serious enough to warrant considering bringing an employers’ liability personal injury claim. But when can an employer be responsible for the violent actions of a pupil and ordered to pay compensation? Associate Solicitor in Dispute Resolution and Personal Injury, Julia Fenton, provides more information on the issue.
If the risk of assault is identified, appropriate measures must be taken to reduce this risk, for example this could include staff training, behaviour management policies, supervision arrangements and physical security measures.
If there have been previous incidents involving a pupil, the employer should take steps to address the specific risks. A failure to do this may lead to a finding of negligence.
If an employer fails to assess the risk and/or implement reasonable safety measures, they can be found negligent if there is a clear link between the failure and the assault occurring. If an employer has done everything that they could “reasonably” do to reduce the risk of injury to an employee, they will usually be able to successfully defend a claim.
If you have been injured in the workplace and believe that your employer is liable, get in touch with a member of our personal injury team on 033 3344 9600 or email [email protected].
Author: Julia Fenton, personal injury.
