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Sep 162013
 

*For immediate release, September 16, 2013

Brian Kent presentation Crime Victims Firm founder and crime victim lawyer, Brian Kent, presented at the National Crime Victims Bar Association last week in Phoenix, Arizona. His much-anticipated presentation covered the complex topic of civil justice for victims of workplace violence.

This is Mr. Kent’s second presentation before the National Crime Victims Bar. In 2009, Mr. Kent discussed criminal prosecutions and how they impact civil crime victims cases.  Click here to read about Mr. Kent’s 2009 presentation.

Below is the outline of Mr. Kent’s presentation and paper, Current Issues in Litigating Civil Cases for Crimes at the Workplace. Click here to download a PDF version of Mr. Kent’s PowerPoint presentation. All rights reserved.

I. Workplace Violence in the U.S.

A. Homicides in the Workplace

B. Who are the Offenders?

II. The Workers’ Compensation Exclusivity Bar to Workplace Violence Claims Against the Employer

A. Course and Scope of Employment

B. Exceptions to Workers’ Compensation Exclusivity

1. Employer’s Intentional Conduct

2. The Personal Nature Exception

3. Dual Capacity/Persona Exception

4. Employer’s Failure to Obtain Workers’ Compensation Insurance

5. Franchisor Liability for Acts of Franchisee

III. Third Party Liability – Non-Employer Party Liability

Thinking Outside the Box in a Workplace Crime Case – Getting Over the 2 Year Tort Statute of Limitations

IV. Pleadings

A. Theories of Liability Against the Employer

1. Intentional Act

2. Special Relationship Between Employer and Employee

3. Employer as a Premises Owner

B. Pleadings and Insurance Coverage

V. Conclusion

Civil workplace violence cases are tough, but absolutely worth the fight. Whether it’s the family of a deceased store clerk, a young woman who is sexually assaulted at work or a worker injured in a fight at work, there is no greater satisfaction than helping a crime victim succeed in a civil case. Workers’ compensation exclusivity, employer liability, theories of liability and third party liability issues are by no means, static. These issues change with each new case, by crime victims lawyers who are willing to challenge courts and push the boundaries on behalf of those who deserve justice the most – victims of crime.

About PA & NJ Crime Victims Lawyer and Advocate, Brian Kent

Mr. Kent is a former sex crimes unit prosecutor who now represents victims and other injured persons in civil court cases. Mr. Kent is licensed in Pennsylvania and New Jersey and may collaborate with local counsel in other states. For example, Mr. Kent led a civil child sex abuse case against a sitting state court judge in Delaware in 2010. The judge admitted to the abuse and was eventually disbarred. Read more about Brian Kent here.