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Workplace violence — Texas

Workplace violence is a significant problem in today’s businesses. The most recent statistics show that more than 400 homicides occur in the workplace each year and more than two million Americans are victims of physical attacks at work. Along with the disruption to business activities is 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.

Responsibility to prevent workplace violence

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

  • Negligent hiring - The employer will 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 or incapable of performing the job. Employers are more likely to be held responsible for the hiring of employees who have contact with the public.
  • Negligent supervision and retention - This theory of liability is similar to negligent hiring, but is applicable when the victim can prove the employer knew or should have known that a current employee was...

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