Office Building Safety

Workers’ compensation rules vary from state to state. In Tennessee, for instance, employers that have five or more employees must carry workers’ compensation insurance. In the construction industry, employers generally need to provide coverage even for one employee. Workers’ compensation is usually the exclusive remedy against an employer that is available to employees who are covered, even if injuries result from third-party attacks. However, if workers’ compensation does not apply, such as when a worker is an independent contractor or when a worker is visiting an office space that is not owned or run by their employer, it may be possible to file a lawsuit for negligent security.

Negligent security lawsuits may be brought to seek damages when a property owner’s failure to take reasonable measures to protect visitors results in a third-party criminal attack. These lawsuits often turn on whether the third-party criminal attack was foreseeable. A crucial issue may be whether the owner of the office building knew or should have known of an imminent danger to lawful visitors, such that it should have taken steps to protect the eventual victim.

Tennessee has adopted a balancing approach when determining whether a business owes a duty to protect customers from third-party criminal attacks on the premises. While a business is not typically an absolute insurer of visitor safety, it is supposed to take reasonable steps to protect lawful visitors, particularly customers. For example, if you are hiring a business to perform tasks for your business, and you have gone to the other business’ office for a meeting, you expect that the office will have some sort of security plan in place, especially if it is located in a high-crime area. If it does not have a security system in place, and there have been attacks on others, you may be able to hold the business responsible for your injuries. Workers such as independent contractors may also be owed a duty by an office building owner.

When there is a high degree of foreseeability of criminal attacks, a more substantial burden of care may be placed on a business. For example, a business may owe workers or customers a duty to install surveillance cameras, hire security personnel, or install a security system. The more serious the likelihood and significance of the potential harm, the more likely it is that a burden will be placed on an office building owner to take steps to safeguard visitors and customers.