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Workplace violence — South Carolina

Workplace violence is a significant problem in businesses today. Hundreds of homicides and thousands of physical attacks occur each year as a result of workplace violence. Along with the disruption to business activities, these events exact a huge emotional toll on the victims and their families. In addition, the potential for liability on the part of the employer is increasing under a number of novel legal theories.

Employer responsibility

Employer responsibility can be assessed under any or all of the following:

  • negligent hiring
  • negligent supervision and retention
  • prohibited harassment.

Negligent hiring

The employer may be held liable if the victim can prove that the employer knew or should have known – at the time of hiring – that the employee was potentially dangerous. Employers are more likely to be held responsible for the negligent hiring of employees who have contact with the public.

Negligent supervision and retention

The theories of negligent supervision and retention are similar to negligent hiring, but are applicable when the victim proves the employer knew or should have known, that a current employee was potentially violent and failed...


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