If an employee high on drugs assaulted my wife, do we have a claim against the store?
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If an employee high on drugs assaulted my wife, do we have a claim against the store?
My wife went to our local grocery store and while at the cash register an employee who was high on drugs came behind her and first grabbed her butt. She screamed and the cashier said that’s just “X” he’s been doing that. She hastily grabbed her things and he came behind her again and put his hand in her shirt and grabbed her breast skin and walked out. The employee’s did not help her or let her use the phone; the police were called and they took him away in an ambulance. Also, 2 other women reported being grabbed but hers was the worst. No apology or anything else as been heard from the store. Should we speak to a personal injury attorney? In Jackson County, MO.
Asked on September 7, 2011 under Personal Injury, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It would be advisable to speak with a personal injury attorney. The problem your wife will have in filing a claim against the store is that assault and battery committed by the employee are intentional acts.
An employer is liable for the negligence of an employee which occurs during the course and scope of employment. This liability does NOT include intentional acts because intentional acts are not within the course and scope of employment. Therefore, the store's insurance carrier will probably deny liability. Your wife may have a claim against the store for negligent hiring of this employee if the store hired him knowing that he was a drug user and if the store did nothing to fire him after he had assaulted other women in the store
Assault and battery are both civil (lawsuit) and criminal matters. Your wife could sue the employee for assault and battery. Her lawsuit should have separate causes of action (claims) (one for assault and one for battery).
Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege.
Battery is the intentional harmful and offensive touching of another without consent or legal privilege.
Your wife will need to file her lawsuit for assault and battery against the store employee prior to the expiration of the applicable statute of limitations or she will lose her rights forever in the matter.
The criminal case for assault and battery is separate from the civil case for assault and battery.
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