What to do if a store employee assaulted me?

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What to do if a store employee assaulted me?

I had a conflict at chain store with the manager and assistant manager. Things got loud and I said a few choice words and so did the assistant manager.She got her husband who assaulted me while the manager did nothing told me it was between us. This happen in the store and caught on camera. I am a veteran with PTSD and it has made my anxiety and night mares start back. Do I have a case against the store.

Asked on January 22, 2012 under Personal Injury, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You may have a case against the store. Assault is a tort--it is something which you can sue over. A business may be responsible for the torts of its employees committed during their employment. Ordinarily, a business is not responsible for the intentional bad acts of employees which are beyond the scope of employment--that is, if the employee does something completely beyond the job, the store is not necessarily responsible--but if the manager had a chance to intervene against an employee who was doing wrong, but refused to intervene, that failure may be enough to hold the store liable; the fact that, in this case, the manager allowed the employee to do wrong could establish liability. It would be worthwhile to consult with a personal injury attorney about the matter--many will provide a free initial consultation to evaluate a case.


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