Sainsbury's could be financially liable for murder on their premises

Posted on May 15^th 2012

Most businesses take out liability insurance to financially protect themselves and their employees in the event of an unfortunate accident. So it is little surprise that an unusual complex legal case involving a murdered employee at Sainsbury's has garnered so much media attention.

BNP member Robert McCulloch was employed at the Sainsbury's Berryden Road store in Aberdeen when he launched a xenophobic attack on his Lithuanian colleague Roman Romasov. McCulloch admitted to fatally stabbing Romasov in the racially-motivated assault and was convicted for murder in 2009. However, for Sainsbury's the story was only just beginning.

In a move that showcases the importance of comprehensive liability insurance, Romasov's family brought a civil claim against Sainsbury's, claiming the supermarket giant was legally responsible for what happened. They argued that prior to the attack correct disciplinary procedures weren't followed against McCulloch after Romasov complained about his intimidating attitude.

However, despite Sainsbury's attempt to have the claim thrown out of court, last week it was decided that the civil claim WILL proceed to a full hearing.

Despite the attack being personally motivated, the failure of Sainsbury's to address previously known disputes between the Romasov and McCulloch has made the event a possible breach of employee responsibility. This will stretch their liability insurance if the full £500,000 claim is granted.

Related links

Court papers covering the Scottish Court of Session decision

Other liability insurance news stories

• Live-in employees at risk in mushroom factory
• Change in injury reporting rules benefits businesses
• Caravan arsonist at work
• Nuclear operators face bigger liability insurance bills
• Employer's Liability Tracing Office implements changes