The court stated that if these allegations were found to be true, the supervisor had a duty to prevent the harm and Subway may be liable for the female employee's injuries. When an employer knows or has reason to believe that an employee has a history of violence or is prone to violent outbursts, that employer has a duty to protect its workers and customers from harm. In most cases, an employer is found liable because the employee had previously harmed someone and attacked again. In this case, the supervisor was charged with knowledge of the attacker's violent tendency because he witnessed the violence as it occurred. Supervisors cannot bury their heads in the sand when potential violence develops in their presence.
Every employer has a duty to provide a workplace free from known dangers.
Thorough screening of job applicants may reveal past incidents of violent behavior that trigger an employer's duty. That duty includes breaking up possible arguments or fights before they escalate into physical violence.