The truth is, many security and loss prevention personnel are not suited for the job, or they receive insufficient training on the laws concerning the use of physical force. In some cases, it’s a matter of poor judgment or simply disregarding the rules in order to lash out at someone that’s giving them a hard time. As a result, the employee may overreact and use chokeholds, body slams, weapons, and other inappropriate methods that cause serious injuries or death for the victim.
Assault and Battery by Store Employee at a Supermarket
Assault and Battery by Store Employee at a Supermarket
Going to a supermarket is a chore that’s unavoidable, whether you shop every few days or once a month for food and household items. Inevitably, there are issues that stress you out when you are at a grocery store, like long lines, increasing prices, and employee whose customer service skills are lacking. However, the idea of assault by a store employee is not something we would ever expect to happen when we are shopping at our local supermarket.
Business owners in California are required to provide their customers with a safe and secure environment This is why a lot of care is invested in cleaning and maintenance, like ensuring that the floors are free of slippery substances and food is handled according to federal and state safety regulations. However, dangerous conditions at a grocery store can involve unprofessional employees that exhibit careless or reckless behavior. This is why incidents like assault and battery by a security guard at a supermarket are common occurrences.
As a victim of physical assault, you may be entitled to monetary compensation from the store, which we can discuss with you during a free, confidential case review. We know that recovering from a violent altercation comes with many challenges, but rest assured that we are here to handle every aspect of a legal action, from gathering evidence and filing a claim to negotiating a settlement that reflects the level of harm you suffered. Please reach out to us 24/7 if you were assaulted by an employee at any of the supermarkets listed below:
- Albertson’s
- Aldi
- Kroger
- Ralph’s
- Trader Joe’s
- Gelson’s Market
- Pavilions
- Safeway
- H-E-B Grocery
- Whole Foods Market
- Amazon Fresh
- Stater Bros. Markets
- WinCo Foods
- 99 Ranch Market
- HK Market
- Walmart
- SF Supermarket
- Smart & Final
- None Such farm
Injuries to Assault and Battery Victims
Physical assaults are associated with serious injuries that often result in permanent complications. The extent of one’s injuries and the emotional trauma associated with being attacked also created mental health issues that are difficult to live with. Since bodily harm is the foundation of a personal injury lawsuit, let’s take a look at the injuries you can sustain from assault and battery by a supermarket employee:
- Cuts, scratches, and bruising
- Broken nose and other facial bones
- Neck and spinal cord injury
- Traumatic brain injury
- Fractured hip
- Detached retina and other injuries to the eye
- Hearing loss resulting from head trauma
- Dislocated or fractured shoulder
- Broken or lost teeth
- Ruptured spleen and other internal organs
- Paralysis from severe nerve damage
- Loss of consciousness / coma
- Death
Legal Basis for an Assault and Battery Lawsuit
When we think of holding someone accountable for assault and battery, it’s the perpetrator that normally comes to mind. If, however, the attacker was someone that works for a supermarket, you may have the right to sue the employer, i.e., the company that owns and operates the business. This is based on the principle of vicarious liability, which holds employers responsible when their employer’s negligence or misconduct within the course of employment causes harm to another party.
For instance, those working in security at a supermarket may approach someone that is suspected of shoplifting. The security guard can ask questions and request that the person allow them to search their bags. However, the accused has the right to refuse, and this is the point where police should be called, especially if the suspect leaves the premises. Unless the individual poses a clear danger to others, security guards cannot use physical force, which is only allowed under very limited circumstances.
Most of these cases are eligible for a lawsuit against the employer, so it’s important to speak with an assault and battery at a supermarket lawsuit lawyer.
Monetary Damages in Assault and Battery Cases
If you or your loved one was assaulted at a supermarket by a store employee, various forms of compensation may be available to you. Monetary damages you can receive by filing an assault and battery claim include:
- Medical expenses
- Lost income / lost earning capacity
- Pain and suffering
- Property damage
- Emotional distress
- Punitive damages
- Legal fees
Some incidents of physical assault result in fatality, and that can cause undue financial hardship and emotional trauma to the surviving family members. If you lost your loved one to an assault and battery incident, here are the damages you may be entitled to:
- Funeral costs
- Medical expenses
- Pain and suffering
- Loss of expected income / savings
- Loss of consortium
- Cost of legal representation
Knowing which of these payments you can ask for is critical to protecting your rights and securing a settlement that’s adequate for your needs. The assault and battery lawyers of DTLA are here for you day and night, so don’t hesitate to give us a call.
Suing for Assault and Battery – How Much Time Do I have?
Please note that the laws in California provide you with 2 years to file a lawsuit for assault and battery. When this time period starts depends on whether you are the victim or a surviving family members As an injury victim, you have 2 years to file a personal injury claim against the liable entities. If you are seeking damages from a wrongful death lawsuit, the statute of limitations is 2 years from whenever your loved one passed away.
There are limited exceptions that qualify for an extension beyond the normal deadline for a lawsuit. However, most applicants will need to file a claim by the deadline of 2 years, so it’s important to initiate the legal process with help from an experienced attorney.
Contact Our Law Firm
The legal team of DTLA Law Group is available to you 24 hours a day, 7 days a week if you were assaulted by a supermarket security guard or another employee that works at a grocery store. We have decades of experience in the recovery of assault and battery settlements, so you can count on us to provide skilled and aggressive representation.
We also have a contingency fee policy, meaning that all clients pay nothing to hire a lawyer that can sue for assault and battery. All legal fees are charged to the defendant, which is only paid to us as a part of your settlement amount. As a result, we can promise that there is nothing for you to pay if we fail to resolve your case.
To schedule a free case evaluation with a California assault and battery lawyer, reach out to us at your earliest opportunity.
How Long Do I Have to Sue?
All claims are subject to a statue of limitations – or a deadline to sue. If claimants do not file their claims on time, they run the risk of losing their right to sue entirely. In general, assault and battery claims filed in California are subject to a two-year statute of limitations or a two-year deadline. For more information about the total length of time that you have to file your claim, contact us today.
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