Can an employer be held liable for injuries sustained by an employee during an armed robbery?

California, United States of America


The following excerpt is from Kentucky Fried Chicken of Cal., Inc. v. Superior Court, 14 Cal.4th 814, 59 Cal.Rptr.2d 756, 927 P.2d 1260 (Cal. 1997):

In Schubowsky v. Hearn Food Store, Inc. (Fla.Dist.Ct.App.1971) 247 So.2d 484: "The defendants' employee was privileged and justified in defending his own life and the employers' property when faced by the armed robbers. In resisting the robbers, the proprietor had justification over and above an ordinary elective act entailing risk to a third person. When an opportunity arose to get the 'drop' on the robbers, the proprietor was entitled to act upon it in resistance of the robbery. The fact that in the course of his resistance, which succeeded in averting the robbery, the customer who was present was shot by one of the robbers, does not operate to negative the justification of the proprietor to so act in such circumstances. A victim of a violent crime, such as armed robbery, is justified and privileged against liability for an injury which may result from his resistance which otherwise could cause actionable damage."

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