What can we do if while on vacation my husband, 3 year old and I were accidentally pepper sprayed by a security guard that works for a major league baseball stadium?

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What can we do if while on vacation my husband, 3 year old and I were accidentally pepper sprayed by a security guard that works for a major league baseball stadium?

We were just walking pass the stadium when the security guard set off his gun, playing with it. We were treated by the medics at the stadium. We then put in a complaint at the customer service desk. We spoke with the manager and she said they would get back to us. We haven’t heard anything from them as of today. What is our next step?

Asked on July 7, 2015 under Personal Injury, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If, as we hope, you, your son, and your husband did not suffer any serious, lasting or permanent injury, and did not incur significant medical costs, then you do not have a viable case. The law only provides compensation based on or equivalent to the extent and duration of your injuries and the amount of costs or other economic losses you suffered. If you only suffered some minutes, even a few hours, of pain or discomfort with no lasting damage and few, if any, medical costs, you could not recover enough money in a lawsuit to even cover the cost of the suit. That's not to say that you should not call the manager back again, and see if they'll offer you something...but if they don't, it is not likely worth taking legal action.


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