Does my child have a lawsuit if she was a victim of an aggravated robbery on her job.

UPDATED: Sep 30, 2022

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Does my child have a lawsuit if she was a victim of an aggravated robbery on her job.

She’s a 20 year old female who was the night shift manager at pizza hut. She was robbed at gun point by 2 guys after closing the store. The robbery was set up by an employee on duty that night.

Asked on January 27, 2017 under Personal Injury, Arkansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

She could sue the robbers, if she can find them and thinks that suing them is a good idea. She can also sue the employee who set up the robbery. However, the restaurant/store is not liable and she cannot successfully sue them: the law is very clear that an employer or business is 1) not liable for the criminal acts of third parties (the robbers) and 2) not even liable for the criminal acts of other employees (e.g. the traitor), since such criminal acts are not part of the job and are beyond the scope of employment. Basically, if A robs or attacks B, B can sue A--but she can't sue someone other than the criminal, such as her employer, C, or the owner of that space (if it was rented) D.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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