When Bystanders Become Protectors: Liability and Insurance Considerations for On-Site Interventions

When Bystanders Become Protectors: Liability and Insurance Considerations for On-Site Interventions

Hook: You send a plumber to a routine service call and within minutes they witness an assault, a heated domestic dispute, or a violent trespasser. Do you want that employee to step in — and if they do, who pays if things go wrong? For plumbing contractors in 2026, on-site interventions create a complex mix of legal, insurance, and operational risks that require clear policies and proactive planning.

The problem in one sentence

Employees are often the first and only witnesses to criminal incidents on residential and commercial plumbing jobs — and their instinct to help can expose your company to liability, complicate insurance claims, and trigger workers’ compensation or criminal inquiries.

Why this matters now (2026 context)

High-profile bystander interventions, such as the late-2025 assault on actor Peter Mullan after he tried to stop an attack, have spotlighted the consequences of civilian intervention. That case and similar incidents through early 2026 have driven insurers and courts to scrutinize the line between a well-intentioned act and a legally actionable harm. Insurers are tightening assault-and-battery exclusions and offering endorsements tied to specific preventive measures (wearables with panic buttons, AI-assisted jobsite monitoring, and tele-triage)—has changed what's possible for real-time safety and post-incident evidence preservation.

Core legal doctrines at play

1. Vicarious liability (respondeat superior)

An employer can be held responsible for an employee’s wrongful acts if those acts occur within the scope of employment. If an employee intervenes while performing work duties and causes injury to a third party (or is injured), courts will examine whether the action was connected to the job assignment, foreseeable, or expressly encouraged by the employer.

2. Intentional torts and assault & battery

Most commercial general liability policies exclude intentional wrongdoing like assault and battery. If an employee intentionally injures someone while intervening, the employer may face civil suits against the employee and the company—while the insurer pushes back under an intent exclusion.

3. Workers’ compensation

Injuries sustained by employees while intervening are often covered by workers’ compensation if the act occurred in the course of employment. Coverage triggers and benefit levels vary by jurisdiction. Importantly, workers’ comp is typically the exclusive remedy for workplace injuries from negligent acts, but not always when intentional criminal acts are involved.

4. Good Samaritan and duty-to-act rules

Some jurisdictions have Good Samaritan protections that shield well-meaning rescuers from liability, particularly when providing medical aid. However, protections vary and rarely protect against harms caused by use of force. Also, private employers rarely have a legal duty to act—unless they created a hazard or contractually agreed to provide security.

How the Peter Mullan case is relevant to contractors

The Mullan incident (a public figure intervening to protect someone and being attacked) highlights two truths that matter for plumbing contractors:

• Interventions are instinctive and public — employees who act may be seen as heroes but still face serious physical harm.
• Third-party criminal acts can trigger complex legal threads: criminal prosecution of the attacker, civil claims by victims, insurance questions about coverage of intentional acts, and employer exposure if the employee was on the clock.

For contractors, the takeaway is practical: prepare for the event now so employees are protected and the company is defensible afterward.

Insurance implications — what to check and demand from your broker

Review these coverage areas immediately with your insurance broker and legal counsel:

1. Commercial General Liability (CGL) — check for assault and battery exclusions. Some carriers carve out intentional acts entirely; others will cover them if the employee used reasonable force to defend property or persons. Ask for written clarifications and endorsements.
2. Employers’ Liability / Workers’ Compensation — confirm that injuries from third-party assaults on the job are covered and understand claims processes. Note: workers’ comp usually pays regardless of fault but may have exceptions for intoxication or criminal conduct.
3. Sexual Abuse and Molestation / Conduct Coverage — while not typical for plumbing, certain customer-facing trades are offered specialized conduct endorsements; review if you work extensively in occupied homes.
4. Assault & Battery Endorsements — some insurance markets offer these add-ons to restore coverage limited by standard exclusions; if you have field staff, consider adding this endorsement.
5. Umbrella / Excess Liability — ensure umbrella policies follow form and do not drop cover for violent incidents excluded below.
6. Defense Costs Allocation — confirm whether defense costs for excluded acts are covered and whether the insurer will provide independent counsel.

Operational strategies to reduce legal risk

Liability and insurance are only parts of the solution. The most effective approach combines policy, training, technology, and documentation.

1. Written company policy: clear, concise, and mandatory

Create a strong, accessible policy that defines acceptable employee conduct if they witness criminal activity or medical emergencies while on a job. Key points to include:

• Presumption of non-intervention: Employees should prioritize personal safety and call 911 unless the employee is the only available rescuer for a life-threatening situation (CPR, severe bleeding).
• Permitted life-saving actions: CPR, bleeding control, allowing emergency responders access.
• Prohibited actions: Using tools as weapons, attempting to detain suspects, pursuing attackers off-site.
• Reporting requirements: Immediate notification to dispatcher, police, on-site supervisor, and company incident response team; timelines for written reports.
• Disciplinary framework: Consequences for violating the policy (including insubordination vs. protected actions in emergencies).

2. Training investments that insurers value

Train staff in realistic, jobsite-specific scenarios:

• Verbal and physical de-escalation techniques (avoidance first)
• First aid, Stop-the-Bleed, and CPR (certified courses)
• Situational awareness and exit strategy planning
• Active bystander training tied to company policy
• How to call law enforcement and provide evidence (what to record, what not to touch)

3. Technology & equipment

Recent 2025–2026 insurer programs offer premium credits for verified safety tech. Consider:

• Wearable duress buttons and GPS tracking for lone workers
• Jobsite cameras or body cams where lawful and with clear consent/notice
• Telehealth triage subscriptions for immediate medical advice
• Vehicle dashcams for company trucks

4. Contract and site-screening clauses

Add clauses to proposals and service agreements that allow suspension of work if a site is unsafe, and require client cooperation with safety measures. Sample clause:

"Contract and site-screening clauses: Contractor may suspend work if conditions pose an immediate threat to personnel. Client will cooperate to secure premises or provide reasonable assistance to allow safe completion of work."

5. Background checks and supervision

Comprehensive pre-hire screening and regular supervisory spot-checks reduce the chance that an employee's off-duty risk factors will generate on-site incidents. Keep training logs and make them part of your risk management package. Integrate modern hiring platforms (background checks and applicant experience tools) to centralize records and certificates.

Immediate steps after an on-site intervention

A consistent post-incident workflow both protects people and preserves the company’s legal position. Follow this checklist immediately after any event:

1. Ensure safety: remove employees and clients from harm’s way.
2. Call emergency services (911 or local equivalent).
3. Provide first aid within training limits; call for ambulance if needed.
4. Do not move evidence or alter the scene unless necessary to preserve life.
5. Document everything: time-stamped photos/video (if lawful), names and contact details of witnesses, statements while recollection is fresh.
6. Notify company management, HR, and your insurer immediately as required by policy.
7. Encourage timely medical evaluation for employees; initiate workers’ comp if injured.
8. Coordinate with law enforcement and comply with lawful requests for statements or footage.
9. Hold a debrief and update safety protocols if the incident revealed gaps.

Sample immediate incident report fields

• Date/time
• Jobsite address and job description
• Names and roles of employees present
• Sequence of events (objective, first-person accounts)
• Injuries and first aid given
• Law enforcement incident number
• Media interactions (who spoke to press)
• Preserved evidence (photos, video, tools)

Create a standard incident report template and train staff on timely submission—templates help reduce ambiguity and speed insurer notifications.

How interventions affect workers’ comp and civil exposure

From an insurance perspective:

• Employees injured while intervening: Typically eligible for workers’ compensation benefits when the injury occurs in the course of employment. Exceptions depend on jurisdiction and facts (e.g., employee gross misconduct or self-inflicted harm).
• Employees who injure third parties: Employer liability depends on foreseeability and scope of employment. If the company encouraged employees to intervene or sent them into harm’s way, liability risk increases.
• Third-party criminal acts: If someone attacks an employee, the attacker is criminally liable—but civil suits may name the employer too, especially if negligence in site security contributed.

Legal risk mitigation: what your lawyer will advise

Legal counsel will typically recommend a layered plan:

• Implement explicit non-intervention policy with limited life-saving exceptions.
• Train and document training completion; maintain certificates.
• Obtain targeted insurance endorsements for assault/battery or negotiate them if working in higher-risk contexts.
• Use contract language to allocate responsibilities for site security (especially on commercial sites).
• Conduct after-action reviews and revise policies when court decisions change the standard of care (run quarterly after-action reviews).

Case study — hypothetical plumbing crew intervention

Scenario: A two-person crew arrives at a late-evening call at a multi-family building. They find a tenant being threatened in a stairwell. One technician, trained in de-escalation and first aid, calls 911 and positions himself to block the exit while his partner provides a witness statement. A fight ensues; the technician suffers a broken wrist and the attacker is charged.

Outcomes and lessons:

• Workers’ comp covered the injured technician’s medical bills and partial lost wages.
• The company’s policy and training records showed the technician acted within permitted life-saving exceptions, reducing employer liability claims.
• The insurer investigated an assault-and-battery exclusion; because the company documented training and the action was defensive, the carrier agreed to cover the claim after applying an assault endorsement.
• Documentation and video from the technician’s phone helped law enforcement and limited civil exposure.

Trends and predictions for 2026 and beyond

Watch these developments through 2026 that will affect how contractors manage on-site interventions:

• Insurance product evolution: More assault-and-battery endorsements tailored for trades, with premium discounts tied to verified training and tech.
• Technology integration: Growth in affordable duress wearables and AI jobsite monitoring will shift focus from after-the-fact documentation to real-time prevention.
• Regulatory attention: Local governments are increasingly mandating lone-worker protections in high-risk occupations; expect new compliance requirements in certain jurisdictions.
• Case law developments: Courts will further define employer liability for employee interventions — making documented policies and training crucial legal defenses.

Practical, actionable checklist for plumbing contractors

1. Update your written incident response and non-intervention policy within 30 days.
2. Schedule mandatory de-escalation and first-aid training for all field staff; log certificates.
3. Ask your broker for an assault-and-battery endorsement quote and a formal letter on coverage limits.
4. Equip lone workers with duress wearables and ensure supervisors receive real-time alerts.
5. Incorporate site security clauses in every proposal and entitlement to suspend unsafe work.
6. Create a standard incident report template and train staff to fill it out within 24 hours of an event.
7. Run quarterly after-action reviews and adjust protocols based on lessons learned.

Final recommendations — balancing duty of care and common sense

As a contractor, you must balance humane instincts with legal realities. Encourage employees to preserve life and summon help, but make clear that using force or pursuing suspects is not authorized. Financially, insurers expect documented risk management; courts expect reasonable policies and training.

In short: prepare, train, document, and insure. Those four actions will protect your workers, limit your liability exposure, and increase the likelihood of coverage if a claim arises.

Call to action

Start today: run the 7-item checklist above, then schedule a policy review with your broker and an employment-law consultation. If you want a ready-to-use incident report template and sample non-intervention policy adapted for plumbing contractors, download our free toolkit or contact our risk management team for a 15‑minute consultation.

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