Recently, a state appellate court issued a written opinion in a Florida pedestrian accident case involving the duty a defendant employer owes to a plaintiff employee. The case presented the court with the opportunity to discuss the outer limits of an employer’s duty to protect an employee. Ultimately, the court concluded that the defendant employer owed no duty to the employee, and thus, could not be held liable for her death.
The Facts of the Case
The plaintiff worked for the defendant employer, a financial services firm. The defendant maintained a bar on-site to encourage employees to socialize and stay at work longer than they may otherwise have chosen to. One day, the plaintiff visited the defendant’s bar after work. After a few drinks, the plaintiff began to get agitated at other employees, and she was eventually told to leave and subsequently escorted out. Her access into the building was revoked.
The plaintiff then began to walk toward her home, which was ten miles away. She was walking along a set of railroad tracks when she was struck by an oncoming train. She was killed instantly.