Big 5 Sporting Goods is a chain of athletic equipment and apparel stores headquartered in El Segundo, California. The business was named for the first 5 stores that opened in California in 1955. Currently, there are 434 Big 5 locations in 11 states.
One thing you expect to find at a sporting goods store is baseball bats, along with baseballs, gloves, cleats, and other related products. Sometimes, these items are tied down to a display unit in order to prevent shoplifting incidents. Stores can also choose to lock up products like baseball bats to ensure that they’re not used to hurt anyone. However, these are relatively rare incidents, so a business would not typically have liability if a baseball bat is used by a random customer in the store to assault another customer.
But what if there had been previous incidents of assault at the store where someone was injured by a baseball bat, weight equipment, or some other heavy and dangerous item? Can you sue Big 5 Sporting Goods for being assaulted at one of their stores?
The assault and battery lawyers of DTLA Law Group have decades of experience in the representation of injury victims throughout California. If you were the victim of dangerous conditions at a sporting goods store, don’t hesitate to contact us for a free case review.
Store Liability for Customer Assault and Battery Incidents
As previously stated, it would be normal to come across baseball-related equipment and merchandise at a place that specializes in sporting goods. Usually, the items are out on display, mostly on shelves and wall units. The items may be tied to the display unit or locked behind a glass case, but they are typically left out for customers to pick up and examine. This is perfectly reasonable, and most people do not end up with an injury due to a baseball bat being left out in the open.
The possibility of accidents is an important issue when you are the owner of a business. Of course, it would be impossible to anticipate every incident that can take place on one’s property. However, property owners are expected to take reasonable care when it comes to safety measures on their premises. These include security measures, like installing surveillance cameras throughout the store and in the parking lot.
For the most part, a store is not expected to keep baseball bats out of reach to their customers, meaning they can be openly displayed to the general public. The problem is when there has been a history of assaults with a baseball bat on at the store. Failure to tie up the equipment, knowing prior instances of assault had taken place would count as an example of negligence under the state’s premises liability law.
What does this mean for you? As someone that was assaulted by a baseball bat at a Big 5 Sporting Goods store, you may be entitled to monetary damages, such as medical costs, pain and suffering, lost wages, and punitive damages. But you will need to build a strong case with evidence to show that there was a previous incident (or multiple incidents) of physical assaults with baseball bats at the store. In that case, Big 5 has a legal duty to protect their customers from injury by tying or locking up the equipment.
Guidance from a store accident injury attorney is the best way to ensure that justice is served if you were assaulted by another customer at Big 5 Sporting Goods. We are here for you 24 hours a day, 7 days a week, so contact us any time if negligence by a store owner caused you harm and suffering.
Bodily Harm from an Assault with a Baseball Bat
Incidents of being hit with a baseball bat are shown as comedic bits in movies, television shows, and YouTube videos. But there’s nothing funny about these accidents in real life, especially if someone is bludgeoned over and over again during an assault and battery incident. Here are some of the injuries that can result from being assaulted at Big 5 Sporting Goods with a baseball bat:
- Skull fracture
- Brain damage
- Ruptured internal organs
- Missing or broken teeth
- Scars and other disfiguring injuries
- Broken bones
- Nerve damage (leading to paralysis)
- Loss of consciousness / coma
All physical assaults have the possibility of escalating and causing someone to die. The risk of death is especially high when a baseball bat is involved, mainly from the effects of blunt force trauma to the head. If your loved one died from being assaulted with a baseball bat at Big 5 Sporting Goods, you may have grounds to file a wrongful death lawsuit against the store. For information on your rights and legal options, contact our office to speak with a wrongful death lawsuit attorney.
Average Value of an Assault and Battery Lawsuit
Aside from physical injuries, assault and battery incidents can lead to significant emotional trauma that stays with a victim for the rest of their lives. That’s why we typically see high case values with these lawsuits, though each case value is based on factors that are unique to the victim and their monetary losses. Clients represented by our attorneys usually receive anywhere from $100,000 to $3,000,000 or more if they are the injured victim. For a wrongful death lawsuit, settlements are usually $1,000,000 or above. Keep in mind that there is no such thing as an average amount of compensation for civil lawsuits. For a case value that’s based on your own circumstances, schedule a consultation with one of our legal experts.
How Long Do I have to File a Lawsuit against Big 5 Sporting Goods?
As someone that’s filing an injury claim, your statute of limitations is 2 years from the day you were assaulted by a baseball bat at a Big 5 Sporting Goods store. If you are the loved one of someone that died from an assault, your time limit to sue is two years from the date of death. No matter what, please don’t way to contact a personal injury lawyer if you’ve been affected by an incident of assault and battery. Our legal team can take immediate action to secure evidence and investigate every aspect of your accident. This is the best way to prove the store’s liability and maximize your payment from an assault and battery lawsuit.
Estimated Time to Settle a Baseball Bat Assault and Battery Case
Settling a claim for assault and battery at a store involves a variety of legal actions that can take weeks or months at a time. In rare instances, a settlement may be reached within a few weeks. However, most injury claims take around 6 months of negotiating with the defendant’s insurance company. Taking your case to trial is unlikely, as most corporations want to resolve these claims as fast as possible. At the same time, they will do their best to settle your case for the lowest possible amount. Fighting back against lowball settlements and bringing you a fair amount of compensation can sometimes take 2 years or longer.
Legal Advice from a Big 5 Sporting Goods Baseball Bat Assault Attorney
Taking legal action against a major retailer is a big decision, and it can be intimidating to go up against a company on your own. That’s why we are here for you with sound legal advice and aggressive representation if you were assaulted at a Big 5 Sporting Goods location. Ultimately, the choice to file a lawsuit is completely up to you. However, we hope you’ll give us the chance to advise you of your rights and ensure that you make an informed decision.
By contacting us, you will receive a free case evaluation from an experienced assault and battery lawyer. Our attorneys can also provide you with a free second opinion if you already filed a claim with another lawyer. If you believe that we are the right law firm to take on your case, there is no cost to you for any of our services. We only receive payment by winning your case, when all legal fees are paid by Big 5 Sporting Goods. To take advantage of the Zero Fee Guarantee, please reach out to us and schedule a free consultation.