What are my rights if I was punched in the hand by the manager of farmer’s market where I was a vendor?

UPDATED: Jul 24, 2015

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What are my rights if I was punched in the hand by the manager of farmer’s market where I was a vendor?

I do not yet know the full extent of the injury, but it is keeping me from doing the work I have been doing for a period of weeks at minimum. The owners of the business know that this person has been violent in the past and continue to employ her. How can a lawyer help me under these circumstances?

Asked on July 24, 2015 under Personal Injury, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

First, get a medical diagnosis: without a medical diagnosis confirming some injury that caused disability or impairment, then your testimony that the injury is stopping you from doing the work you have been doing is not enough; you will  not be entitled to any compensation, whether for lost wages, medical bills, or even "pain and suffering" for life impairment, without medical evidence that you have an actual injury which came from being punched.

If there is some injury which as cost you money or impaired your life, you may be able to sue the person who attacked you for compensation. It is very unlikely that you an sue the farmer's market, however: an employer is almost never liable for the criminal acts (and assault is a criminal act) of its employees because such actions are beyond or outside the scope of the employee's employment--employers do not hire people or employ them to break the law or assault people, so it is not the employer's responsibility when they do. So it may be that the only person could sue and recover compensation from is the manager himself. A lawyer can help you do this, if your injury or bills/lost wages are severe enough to make it worthwhile to bring a lawsuit.

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.

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