July 2007 Dec Page

Question of the Month

Many states have passed concealed weapon laws that allow citizens to carry concealed weapons as they go about their daily routines. These laws may not distinguish situations where a citizen should not carry a concealed weapon, and therein lays the danger for an employer. Bodily injury or death caused by a weapon wielded by an employee on company property can leave the employer open to lawsuits based on various legal theories.

If an employer has employees who insist on carrying concealed weapons (in accordance with the law), what is the duty of care owed by the employer to a customer on the premises? What is the duty owed to employees, especially since the duty of a safe working environment is commonly accepted as one of the main duties of an employer toward an employee? What other issues will an employer face and what are areas of concern for employers when his employees do carry concealed weapons onto the work premises? And, will the general liability policy of the employer apply to claims made against him based on an employee shooting another person on the work premises?

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