What can I do if my company’s negligence has caused me emotional harm?

UPDATED: Sep 30, 2022

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What can I do if my company’s negligence has caused me emotional harm?

I work for a retail chain and they have a security company called I Verify which monitors our stores from a separate location. I’ve been robbed twice in 5 months there, both times I hit the panic button but both times they failed to notify police. The first time they took 10 minutes to respond to the panic button. The second time, they called my store manager and told her someone was being held on the ground before notifying police. Due to this I feel unsafe working there and feel as though they didn’t help and don’t help keep me safe either. I’m pretty sure I have PTSD from this too. I was just wondering if I have a case here?

Asked on November 3, 2016 under Employment Labor Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, there is no compensation for emotional harm due to negligent security. Emotional harm is something you only get compensation for in the law if 1) it is the result of *deliberate* actions intended to cause emotional/mental harm (e.g. stalking, harassment, cyberbullying, etc.);  2) is the result of and accompanies certain kinds of physical injuries; or 3) comes from the trauma of watching a person violently (including by a violent accident) killed in front of you. The law does this because otherwise, *everyone* would claim emotional trauma in every dispute or case, to get more money, since emotional harm is essentially impossible to disprove; therefore, the law limits the availability of compensation for it to certain cases where certain specific, provable things also occur.

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 AttorneyPages.com 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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