Employers have been held directly and vicariously liable for acts of violence committed by or against their employees and third parties. Victims of these acts can recover compensatory and punitive damages directly from the employer. It behooves employers to be aware of the liability traps into which they can fall when they fail to take the necessary steps to create and promote a safe environment for both their employees and third parties.

An employer is directly liable when the employer knew or upon reasonable and diligent inquiry should have known of the tortious conduct or propensity for the tortious conduct but failed to take immediate and appropriate preventative or corrective action. Under direct liability, the employer is held liable for its own conduct, negligence, or recklessness, and not that of an ordinary employee or low-level supervisor.

An employer is vicariously liable -- that is, legally responsible for an employee's tortious conduct -- when an employee causes harm while acting within the scope of his employment and furthers the interests of the employer. Most commonly, the tortious conduct arises out of a work-related dispute or altercation, or an incident occurring as a result of the employee exercising or performing his job duties. While it may be difficult to conceptualize when an employee's intentional act of harm is considered to have been conducted within the scope of his employment, under Florida law, vicarious liability is generally found when the conduct: 1) is the kind the employee was employed to perform; 2) occurs within the time and space limits of employment; and 3) is activated, at least in part, by a purpose to serve the employer.