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  1. #1

    Default Target Assault

    I was accused of stealing by an employee at Target. The employee then pushed a cart i to mine and broke two of my fingers. I went to hospital the next day and am filing charges and the police have the incident on tape.
    Should I file a lawsuit? Would I likely win, and if so how much could I get ball park?

    Thank you for any insight!

  2. #2
    Join Date
    Aug 2020
    Posts
    10

    Default Re: Target Assault

    Only a lawyer might answer that. However as a Retail theft consultant I can tell you this employee likely violated policy by taking that action. https://www.youtube.com/watch?v=Tc_qBadKTCU&t=444s

  3. #3
    Join Date
    Sep 2010
    Posts
    19,864

    Default Re: Target Assault

    First off, you have to indicate the state this took place in.

    Second, it's not up to you as to whether the employee prosecutes. It is society that is harmed by criminal activity and it is the state that brings the criminal case on our behalf.

    Depending on what state you are in and what the exact circumstances are, you can expect to either pay several hundred dollars or get a few thousand in compensation. You'll likely get your medical bills paid (which if your insurance has paid any of, they'll want you to fork it over to them). Since there were actual broken bones, in some states you have a chance at a small amount of P&S, but if you think you've won the lawsuit lottery, you're sorely mistaken.

    As for the accusation of theft, the standards are very low. There's a difference between an employee being mistaken versus malicious that's usually hard to prove.

    Your best bet is to take your case to an attorney who can make an intellegent, informed, and dispassionate look at the evidence and see what he thinks is possible.

  4. #4
    Join Date
    Nov 2013
    Posts
    7,037

    Default Re: Target Assault

    Quote Quoting flyingron
    View Post

    Second, it's not up to you as to whether the employee prosecutes.
    I'm just pointing out that employees don't prosecute anything. Perhaps you meant that the store my file charges for shoplifting. And that may be predicated on if the OP tried to leave the store, the incident happened inside the store, or out in the parking lot.

    It wouldn't be the employee that gets sued. It would be the store that gets sued via vicarious liability.

  5. #5
    Join Date
    Oct 2014
    Posts
    8,209

    Default Re: Target Assault

    Quote Quoting budwad
    View Post
    It wouldn't be the employee that gets sued. It would be the store that gets sued via vicarious liability.
    Both may be sued. Sure, ultimately it's likely the employer would be the one actually paying if the employee was negligent since it has the deep pockets and insurance, but the employee is also liable in that circumstance.

  6. #6
    Join Date
    Jul 2018
    Posts
    2,693

    Default Re: Target Assault

    Quote Quoting hofcpainting@gmail.com
    View Post
    the police have the incident on tape.
    On tape? That seems awfully unlikely. I doubt a retailer that substantial is storing security video on tape.


    Quote Quoting hofcpainting@gmail.com
    View Post
    Should I file a lawsuit? Would I likely win, and if so how much could I get ball park?
    No one can intelligently assess the advisability or likely result of a lawsuit based on a couple sentences in a message board post (and, in this case, without seeing the video footage).

    If you want to provide some more detail, here are some things you should touch on:

    1. In what state did this happen?
    2. When did this incident occur?
    3. Explain the details of the theft accusation. For example, what happened that led the employee to accuse you?
    4. Were you detained as a result of the accusation? If so, what was the outcome of that?
    5. What led the employee to push a cart into yours? Was this action connected in some way to the theft accusation?
    6. How did pushing a cart into your cart result in your fingers breaking? I ask because, if your hands were on the cart's push bar, there is no possible way for another cart being pushed into your cart to impact with your fingers.
    7. Were the police called to the scene? What happened as a result of that? Have you been charged with retain theft?

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