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Old 03-06-2011, 11:08 PM   #1
G-Funk
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Default Can you file a law suit against a store if an employee attacks you?

So my gf and mom were at a accessories store and this employee was being rude to my mom, so my gf decided to defend her, the employee started cursing at her and when she asked to speak to the manager the girl(employee) walked towards the manger, my gf followed her, some words were exchanged suddenly the employee turned around and grabbed her by the hair ,but she fought back, can she file a law suit?
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Old 03-06-2011, 11:10 PM   #2
simcjt
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Default Re: Can you file a law suit against a store if an employee attacks you?

Unfortunately for the store yes.
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Old 03-06-2011, 11:10 PM   #3
JtotheIzzo
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Default Re: Can you file a law suit against a store if an employee attacks you?

Yes, get a good lawyer ASAP, you will get a quick (likely 5 figure) settlement. If it is a major chain, they DO NOT want this story to be in the media. Tomorrow morning 9 am get on it.

EDIT: IF it is a small business or a independent franchisee, don't f*ck with them.
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Old 03-06-2011, 11:12 PM   #4
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Default Re: Can you file a law suit against a store if an employee attacks you?

You can file for anything. Doesn't mean you will win, but you can file.
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Old 03-06-2011, 11:19 PM   #5
FatComputerNerd
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Default Re: Can you file a law suit against a store if an employee attacks you?

I remember a similar thread from a few years ago, but it could be deja-vu?
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Old 03-06-2011, 11:22 PM   #6
AirTupac
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Default Re: Can you file a law suit against a store if an employee attacks you?

Sue for emotional stress and win big bucks.
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Old 03-06-2011, 11:31 PM   #7
simcjt
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Default Re: Can you file a law suit against a store if an employee attacks you?

Quote:
Originally Posted by AirTupac
Sue for emotional stress and win big bucks.
It would be best to not make up some bullshit to game the system...

But if you have to, sending her to therapy for what just happen before actually getting a lawyer involved might look more legit.
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Old 03-06-2011, 11:36 PM   #8
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Default Re: Can you file a law suit against a store if an employee attacks you?

i'm an actual attorney in the Pasadena, CA area.

if you need to talk to me, send me a PM, ill give you some hints. I'll give you my phone number

You can definitely sue the store for

1. negligence
2. negligent supervision
3. negligent employment
4. assault
5. battery
6. Intentional infliction of emotional distress

I have a similar case such as this. I sued a chinese supermarket called Shun Fat Supermarket in San gabriel.

The security guard alleged that my client (a 70 year old lady) was stealing fruit. The security guard then attacked and tackled the lady to the ground.

We sued for the insurance policy limit of $500,000.

We expect to settle at least for 6 figures because of the intentional conduct of the security guard.
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Old 03-06-2011, 11:38 PM   #9
JtotheIzzo
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Default Re: Can you file a law suit against a store if an employee attacks you?

Quote:
Originally Posted by BMOGEFan
i'm an actual attorney in the Pasadena, CA area.

if you need to talk to me, send me a PM, ill give you some hints. I'll give you my phone number

You can definitely sue the store for

1. negligence
2. negligent supervision
3. negligent employment
4. assault
5. battery
6. Intentional infliction of emotional distress

I have a similar case such as this. I sued a chinese supermarket called Shun Fat Supermarket in San gabriel.

The security guard alleged that my client (a 70 year old lady) was stealing fruit. The security guard then attacked and tackled the lady to the ground.

We sued for the insurance policy limit of $500,000.

We expect to settle at least for 6 figures because of the intentional conduct of the security guard.

this
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Old 03-06-2011, 11:39 PM   #10
simcjt
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Default Re: Can you file a law suit against a store if an employee attacks you?

Quote:
Originally Posted by BMOGEFan
i'm an actual attorney in the Pasadena, CA area.
I have a similar case such as this. I sued a chinese supermarket called Shun Fat Supermarket in San gabriel.

The security guard alleged that my client (a 70 year old lady) was stealing fruit. The security guard then attacked and tackled the lady to the ground.

We sued for the insurance policy limit of $500,000.

We expect to settle at least for 6 figures because of the intentional conduct of the security guard.

If the case is still pending why are you talking about the situation in such detail?
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Old 03-06-2011, 11:41 PM   #11
JtotheIzzo
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Default Re: Can you file a law suit against a store if an employee attacks you?

Quote:
Originally Posted by simcjt
If the case is still pending why are you talking about the situation in such detail?

If it is in court it is likely public record
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Old 03-06-2011, 11:42 PM   #12
BMOGEFan
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Default Re: Can you file a law suit against a store if an employee attacks you?

Quote:
Originally Posted by simcjt
If the case is still pending why are you talking about the situation in such detail?

public record.
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Old 03-06-2011, 11:44 PM   #13
simcjt
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Default Re: Can you file a law suit against a store if an employee attacks you?

Quote:
Originally Posted by JtotheIzzo
If it is in court it is likely public record
1) I wouldn't want my attorney openly posting on a message board how low he is willing to settle.

2) I'm sure a little gag order goes into affect to protect the business from having a tarnished rep if you settle.


I'm not a lawyer but I don't think I would want one doing any of that.
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Old 03-06-2011, 11:45 PM   #14
JtotheIzzo
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Default Re: Can you file a law suit against a store if an employee attacks you?

Quote:
Originally Posted by simcjt
1) I wouldn't want my attorney openly posting on a message board how low he is willing to settle.

2) I'm sure a little gag order goes into affect to protect the business from having a tarnished rep if you settle.


I'm not a lawyer but I don't think I would want one doing any of that.

If BMOGE is a lawyer it might be a worthwhile gamble to post here to show his credentials and get another case. The OP's situation seems like a slam dunk settlement, hence decent payday.
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Old 03-06-2011, 11:48 PM   #15
BMOGEFan
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Default Re: Can you file a law suit against a store if an employee attacks you?

Quote:
Originally Posted by simcjt
1) I wouldn't want my attorney openly posting on a message board how low he is willing to settle.

2) I'm sure a little gag order goes into affect to protect the business from having a tarnished rep if you settle.


I'm not a lawyer but I don't think I would want one doing any of that.

gag orders are done through contracts, or things that are protected. This is a complaint in the court system available for EVERYONE.

I also did not say how much the settlement is, or whether the case has been settled.

Don't you read news articles where people say how much they are suing for and such? Where do you think they got the information from? The complaint in the public record.
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