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D. Lee Johnson & Associates
3335 Meijer Drive #200
Toledo, OH 43617
Phone: 419-843-2424
Fax: 419-843-2533

Employer Intentional Tort


The majority of workplace injuries are covered under the Workers Compensation System, however some injuries and incidents extend into the category of Employer Intentional Tort. The Ohio Supreme Court has set a high threshold for establishing employer intentional tort claims. In order to prove a claim for employer intentional tort, an employee must be able to prove the following elements:

1) Knowledge of the employer of the existence of a dangerous process, procedure, instrumentality or condition within its business operation;

2) Knowledge by the employer that if the employee is subjected by his/her employment to such dangerous process, procedure, instrumentality or condition, then harm to the employee will be a substantial certainty; and

3) The employer, under such circumstances, and with such knowledge, acted to require the employee to continue performing the dangerous task.

TOLEDO, OHIO CIVIL LITIGATION ATTORNEYS. AUTOMOBILE ACCIDENTS, PREMISES LIABILITY, SLIP & FALL, DOG BITES, EMPLOYER INTENTIONAL TORT, INSURANCE BAD FAITH, WRONGFUL DEATH