A simple trip through a drive-through should never end with someone suffering life-changing injuries.
In this case, two customers went through a drive-through and were mistakenly given the wrong order. They did what most people would do, they went inside to have the mistake corrected. According to the allegations, what should have been a routine customer service interaction escalated into a violent attack when an employee became enraged and threw hot chicken grease on both customers.
The consequences were catastrophic. Both individuals allegedly suffered severe third-degree burns, required hospitalization, underwent skin graft procedures, and received extensive treatment in a specialized burn unit. These are not minor injuries. Severe burn injuries often require months or years of recovery, multiple surgeries, physical therapy, emotional counseling, and can leave permanent scarring and lifelong physical limitations.
Many people assume an employer is only responsible when an employee makes an honest mistake while performing their job. However, the law can also hold employers accountable in situations involving intentional violence under certain circumstances.
One legal theory that may apply is negligent hiring, retention, or supervision.
These claims focus not only on what the employee did, but also on what the employer knew or reasonably should have known, before the incident occurred.If an employer hires or continues to employ someone despite evidence that the individual poses a foreseeable risk of violence, the employer may share responsibility for injuries that result from that decision.
Courts often examine questions such as:
If the evidence shows the employer ignored warning signs or failed to take reasonable action, liability may extend beyond the individual employee.
Cases involving negligent hiring and retention are about more than financial compensation. They promote accountability and encourage businesses to take reasonable steps to protect the public.
Employers have a responsibility to create a safe environment for customers and employees alike. That responsibility includes making thoughtful hiring decisions, responding appropriately to reports of dangerous behavior, and intervening before foreseeable harm occurs.
When businesses fail to do so, innocent people can suffer devastating and entirely preventable injuries.
The employee allegedly had a criminal history involving violence before she threw hot chicken grease on the customers. That history matters because it may have shown that she posed a risk to others. The company should have taken reasonable steps to learn about any serious warning signs before hiring her and while continuing to employ her.
The main question is whether the company knew, or should have known, about her violent background. If the employer failed to conduct a proper background check, ignored past incidents, or kept her after learning about aggressive behavior, the company may be responsible for negligent hiring and retention.
No customer should suffer catastrophic burns simply because they asked for the correct food order. When an employee has a violent history and a business fails to respond appropriately, the law may allow injured victims to seek compensation and hold both the employee and the employer accountable.
Smolen Law's mission is to provide exceptional legal services with integrity, professionalism, and respect.
Choose the Oklahoma law firm that gets results: Smolen Law.