Results 1 to 5 of 5

Hybrid View

  1. #1

    Default Assaulted by Other Customers at a Store

    My question involves an injury that occurred in the state of: California

    Here's the situation: I was shopping in a chain/big box retailer—the type that I'm sure has store security at all times. There was a group of four young men being rude and vulgar, yelling, cursing, and generally acting like animals. I heard and/or saw them in at several different points in the store for probably 15 minutes or so. I didn't call them out, nor make any attempt to avoid them; I just went about my business figuring them as annoying but harmless. As it continued, I did get more annoyed, but I still let it slide. While shopping, I took a call from a friend.

    Here's where I did something boneheaded: the young men went down the same aisle as me while I was on the phone. I remarked to my friend "hang on a sec, I can't hear you til these loudmouth scumbags move on." At that point, the guys jumped me and gave me a decent smackdown. No lasting injuries or broken bones, but a concussion, plenty of bruises, and shiners enough that I had to stay home from work (it's a customer service job, and the boss didn't want me facing the public). I took a trip to the hospital (no ambulance) and was there eight hours.

    The store took an incident report, the police were called, and they got the name of at least one guy because the first thing he did in the store was a return with ID.

    Now, I'm wondering if the store should be held liable for this incident. Honestly, if it was a fight over a parking space or a spot in line, that would be a different story, and I'd chalk it up to "stuff happens." But in my view, the store security had plenty of chance to kick these guys out and thus avoid the incident at all. It seems that such an outcome was entirely foreseeable. I'm not looking for some huge jackpot, and while the medical bills are mostly covered by insurance, I missed out on three weeks pay.

    What does the law say?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Assaulted by Other Customers at Store

    The law says the guys that beat you up are responsible, not the store.

    Go after them.

    You were listening to these guys be annoying and didn't think it serious enough to report it so you don't get to attribute a greater duty to the store than you had.

    The store has no liability here.

    CA has a crime victim compensation program. Try it:

    http://www.vcgcb.ca.gov/victims/

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Assaulted by Other Customers at Store

    Did you report these people to store staff? Did these people threaten or disturb anyone else? How do you think store personnel were to know that these people were a problem if you did not report them?

    Even if you had, the store is not responsible for them thumping you. The SUSPECTS are responsible, not the store. If a suspect is able to be identified, that suspect may be required to pay restitution as part of any conviction. Work with your county's Victim-Witness advocate to see that you receive the opportunity for compensation.

  4. #4
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Assaulted by Other Customers at Store

    Quote Quoting adjusterjack
    View Post
    The law says the guys that beat you up are responsible, not the store.

    Go after them.

    You were listening to these guys be annoying and didn't think it serious enough to report it so you don't get to attribute a greater duty to the store than you had.

    The store has no liability here.

    CA has a crime victim compensation program. Try it:

    http://www.vcgcb.ca.gov/victims/
    Better yet, he should "sue" his own mouth...

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Assaulted by Other Customers at Store

    Quote Quoting notreadyfortheshow
    View Post

    Now, I'm wondering if the store should be held liable for this incident. Honestly, if it was a fight over a parking space or a spot in line, that would be a different story, and I'd chalk it up to "stuff happens." But in my view, the store security had plenty of chance to kick these guys out and thus avoid the incident at all. It seems that such an outcome was entirely foreseeable. I'm not looking for some huge jackpot, and while the medical bills are mostly covered by insurance, I missed out on three weeks pay.

    What does the law say?

    You didn’t think these guys were violent or potentially violent until they beat you up. So why should store security have thought them violent or potentially violent and removed them from the store? Moreover, you helped incite the attack by referring to them as “scumbags” loud enough for them to hear you. Had you not done that, you might never have been attacked. I don’t see that the store security (assuming they saw and heard these guys before the attack) would have had enough to be on notice that they might attack another customer, especially since you didn’t see them as sufficient enough of a threat to report the problem to store personnel or to try to stay away from them. The guys who beat you up are of course liable for your injuries. But I don’t see liability for the store in this incident.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 7
    Last Post: 04-17-2015, 08:28 AM
  2. Retail Fraud / Shoplifting: Left Store After Wrongful Accusation of Shoplifting, Store Took License Plate Number
    By indignant in forum Criminal Charges
    Replies: 1
    Last Post: 07-31-2012, 06:21 AM
  3. Retail Fraud / Shoplifting: Can I Defend a Shoplifter Being Assaulted by Store Security
    By TxTaxmaster in forum Criminal Charges
    Replies: 13
    Last Post: 01-07-2010, 08:58 AM
  4. Premises Liability: Minor Child Assaulted, Store Does Nothing
    By janedoe11 in forum Accidents and Injuries
    Replies: 3
    Last Post: 05-06-2009, 11:38 PM
  5. Retailers: Store Refuses to Honor Store Credit in Washington State
    By nculala in forum Consumer Law
    Replies: 1
    Last Post: 09-11-2007, 04:27 PM
 
 
Sponsored Links

Legal Help, Information and Resources