Assaulted at Dairy Queen. Manager did not call police when asked. Can I sue D Q

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Assaulted at Dairy Queen. Manager did not call police when asked. Can I sue D Q

Rocks thrown by kids while sitting on outdoor patio eating ice cream. 74 year old
husband chased teenage boys. Immediately went inside and asked mgr to call
police. She did not call saying she was too busy and phone did not work. Asked
for name of owner and phone number…she refused. Husband finally called police
and report made.

Asked on June 26, 2016 under Personal Injury, Maryland

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, your husnand cannot sue the store. The fact is that there is no statutory obligation for a 3rd party to contact the police in a situation such as this. Consequently, since there has been no legal breach of a duty to act, your husband has no actionable claim. While morally reprehensible, this manager's actions did not violate the law.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

No, he cannot sue. There is no legal obligation on a person or a business to call the police: the law does not punish people for not contacting the police especially on behalf of third parties (outside of certain very limited exceptions which do not apply: e.g. there are obligatoins on certain professionals to report child abuse). Since there is no obligation on the store manager to call the police, there is no liability for not doing so. 
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption