Anyone who’s a fan of the great outdoors has likely been to a Bass Pro Shop. What began as a fishing tackle shop in the 1920s grew into a major retailer of fishing, camping, and hunting gear. Bass Pro Shops also owns Cabela’s, another outdoor recreation store. Now, you might be wondering, what does a baseball bat have to do with a store that specializes in hunting and fishing merchandise?
Though there is no baseball equipment sold on the premises, Bass Pro Shops does sell an item known as a fish bat. Also referred to as a priest, this is a club that’s been used since the 1500s to kill fish or game. Early versions were made of wood and had a weighted tip that was made of metal. Nowadays, fish bats are generally made entirely from aluminum, with a rubber grip to keep hands from slipping. These things are about 18 inches long, which is about half the size of a regulation baseball bat.
In spite of its more compact size, fish bats can do just as much damage when they’re being wielded by someone with bad intentions. Considering their potential to be used as weapons, one has to ask, does Bass Pro Shop have a duty to tie up the bats and keep people from picking them up without assistance from an employee? Even more important, can the store be sued by someone that was assaulted with a baseball bat on their property?
Incidents of assault and battery can leave lifelong scar on your body, as well as your mind. As a victim, it’s essential to explore your legal options with a Bass pro shops baseball bat assault attorney. Our law firm is here to listen and address all your concerns, so contact us for a free case review.
Bass Pro Shop’s Liability for an Assault and Battery at Their Store
Frankly, there are lots of things at any store that can be used as a weapon. Yet, these incidents are relatively rare, and as a result, store owners are not expected to keep things locked away or tied up so that they can’t be removed without help from an employee. Of course, we do see certain items locked up due to shoplifting incidents, and some places do take the added precaution of locking up box cutters and other potentially dangerous products.
But baseball bats – or fish bats – are another story, as customers generally want to touch and pick up these things before they purchase them. In addition, baseball bat assaults at a store are not a common source of injury to customers. On the other hand, some stores have had incidents where someone was hit with a baseball bat, usually from an argument that got out of control. In this type of situation, failure to tie up the equipment, knowing prior instances of assault had taken place does constitute negligence by a business owner.
Negligence by a store refers to a failure to take care of dangerous conditions, like wet floors and overcrowded shelves. But it can also refer to security measures, as this is another critical component in keeping customers safe. For example, a store is expected to take additional steps to ensure the safety of their premises if there is an incident of assault that they could have prevented. Thus, a Bass Pro Shop store can be held liable for an assault with a baseball bat if such an incident had taken place on the premise before.
Possible Injuries from an Attack with a Baseball Bat
Movies, TV shows, and YouTube videos often include comedic bits where people are injured from objects like baseball bats. But what about real-life incidents, where people are hit in the head and other parts of their body with a metal or wooden baseball bat? This type of assault and battery can cause extreme injuries to your body and mind, including:
- Injuries to the skull, nose and various facial bones
- Broken or damaged teeth
- Bleeding in the brain
- Permanent brain damage
- Broken bones and fractures
- Rupturing of the internal organs
- Disfigurement from scars, amputation, and permanent damage to your facial structure
- Nerve damage, leading to paralysis or chronic pain
- Coma / Death
We hear stories in the news about people dying from baseball bat injuries, but we never associate them with a shopping trip to Bass Pro Shops. Tragically, these incidents do happen at stores with baseball bats and other items that can be used as weapons. Deaths usually occur from blunt force trauma to the head, resulting in brain hemorrhaging and coma.
As the loved one of a deceased assault and battery incident, you may have the right to file a wrongful death compensation lawsuit against Bass Pro Shops. This is a legal action that can provide you with monetary damages, such as medical expenses, funeral costs, pain and suffering, and loss of expected savings. To learn more about the lawsuit process, contact us to schedule a free consultation with a wrongful death attorney.
How Much is the Average Assault and Battery Settlement?
A violent attack leaves you with mental scars, as well as physical injuries. It often takes considerable medical treatments, including therapy, to hear from your wounds and move forward in your life. That’s why case values tend to be high with assault and battery lawsuits, especially when they are filed against major retailer like Bass Pro Shops. Victims typically receive between $100,000 and $3,000,000 based on their injuries and degree of liability by the property / business owner.
Another important factor in case value is the monetary damages you are entitled to. You will certainly have financial losses, like the cost of medical treatments and wages you’ll lose out on during the recovery period. But you may also be struggling from emotional trauma as a result of being assaulted by a baseball bat. Compensation is available for psychological injuries as well in the form of non-economic damages, such as pain and suffering and mental anguish. To get a sense of what you can receive from a Bass Pro Shops injury claim, please take a moment to contact our law firm.
How Long is the Settlement Process?
Lawsuits involving physical assault are very complicated, and it can take considerable effort to build a solid case against the negligent party. This is due to the fact that the store is not directly responsible for your injuries. The burden of proof is higher when the defendant is indirectly liable, which is why it’s important to hire an experienced personal injury lawyer. Going by our record of settlements for assault and battery claims, we would say 6 to 12 months is a fair estimate for how long it will take to settle your case. But the timeline can be longer if a trial is involved, though lawsuits rarely get to that point. However, we want to be upfront about the fact that some cases take up to several years when the party that’s at fault is a major retailer.
Statute of Limitations for Assault and Battery Injury Claims
You may have solid evidence that someone else is responsible for the harm you suffered, but it won’t do you any good if you wait too long to file a lawsuit. In California, lawsuits for an assault and battery incident must be filed within 2 years. That time period starts on the accident date unless there are special circumstances that will allow you to obtain an extension from the court. However, it’s worth noting that extensions are extremely difficult to obtain, and you will most likely lose the right to sue if you are past the normal statute of limitations.
Schedule a Free Case Evaluation
The decision to file a lawsuit should not be made without legal advice from an experienced personal injury attorney. That’s why we encourage you to reach out and schedule a time to speak with one of our legal experts. During a free consultation, you’ll have a chance to ask any questions on your mind and learn about the ways we can assist you. Or, if you have a claim that’s already in progress, we are happy to offer you a free second opinion.
When you join the Normandie family, you pay nothing upfront, as we offer a Zero Fee Guarantee. In fact, you pay nothing at all until the very end of your case, when we receive a portion of your settlement to cover our expenses. In essence, we don’t make a cent unless we secure payment on your behalf from a successful lawsuit.
A free consultation is just a phone call away, so contact us to learn about your rights from a Bass Pro Shop accident injury attorney.