Legal Question in Civil Litigation in Florida

should I sue?

I work at a hospital and earlier this evening a patient brought in a gun without us knowing. There are no metal detectors, there are only 2 or 3 security guards after 11pm for the ENTIRE hospital, we have a POLICE officer here Sunday through Thursday till 3am and Friday through Saturday till 5am and our ER is 24hrs, and the panic button at my station and other stations do NOT work. Security did a panic button check about 2/3 months ago and noticed that it did not work and obviously hasn't done anything about it. Now I sit out in the waiting room alone, no constant security, no metal detecors, and vulnerable to anything and everything that comes in the ALWAYS open doors. Do I possibly have a case to go after the hospital for putting my safety and others at risk? Doesn't the hospital have some sort of responsibility to protect me and their patients and what about the fact that it was known that the panic button isn't working at my desk? Please help me! I am terrified to return to work, but have to in order to pay bills. It is frightening knowing it was so easy for this man to walk in with a gun. The only way a nurse noticed it was because the patient dropped the gun from his pants. There is more to this, but not enough room!


Asked on 2/16/09, 6:10 am

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: should I sue?

You have no case, you haven't been harmed. Being placed in fear isn't usually grounds for a lawsuit, and, even if it were, is it really the hospital that's placing you in fear or the gunman? Though it is incumbent upon an employer to provide the safest possible workplace, let's face it, hospitals can be dangerous places. I agree with you that the panic button should be fixed. But until you're actually harmed--and maybe not even then--you do not have a case against your employer.

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Answered on 2/16/09, 9:57 am


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