Assaulted by store employees.....

[MrFribble]

My friend and I were assaulted by employees of a national retail chain in New York.

We had left the store, and the uniformed security guard at the exit made a comment that I didn't like, I went back in to complain while my friend waited outside. I ended up talking to the manager and then I returned the merchandise I purchased - this took about 25 minutes. I went back to the security guard at the door (differnt individual) to find the name of the guard who made the comment, while I'm talking to him I see my friend in the parking lot and a guy in plain clothes is trying to take the merchandise he just bought, they turn to a position where all I can see is the other person's back, my view of my friend is now blocked. So I walk over and hit the guy and then wrap my arms around him to restrain him, at which point I am siezed upon by other employees of the store. The guy assaulting my friend then says that he's an employee and he tries to handcuff me, which I don't allow. The police are called and they listen to what the plain clothed guy says, and then what my friend says, I don't even say anything. The police say that there was no assault and we all go on our way.

Now I want to know if I have a case against the retail chain for the actions of their employees, and if so, in what area of law should should I seek out an attorney?

 

[Totalwreck123]

My friend and I were assaulted by employees of a national retail chain in New York.

We had left the store, and the uniformed security guard at the exit made a comment that I didn't like, I went back in to complain while my friend waited outside.

A lot of people make coments to me that I don't like. I usually just ignore them or call the police.

You may have some recourse. The franchise chain may send you a parity certificate for whatever you purchased.

 

[justalayman]

Now I want to know if I have a case against the retail chain for the actions of their employees, and if so, in what area of law should should I seek out an attorney?

What were their actions against you? They observed you assaulting their (apparent) security personell and aided him. Remember, you admit you walked up behind him and hit him and grabbed him without verifying the situation with your friend.

So what would your damages be? What is the possible tort? The police apparently did not fell there was criminal intent so that's out the window.

What are you going to do if the security guard sues YOU for assault and battery and wants you to pay for his damages?

You have no action against the store for anything.

 

[CdwJava]

Now I want to know if I have a case against the retail chain for the actions of their employees, and if so, in what area of law should should I seek out an attorney?

If you have enough money, you can sue anyone for anything. Your friend might be able to sue the security employee for assaulting him, but if the security guard was attempting to detain your pal using reasonable force (ir such is permitted under NY law) then it's likely a wash - especially if the police saw it as no assault.

Without injury, what losses are you going to claim? There is not any money in this for an attorney, so you wouldn't likely get one on contingency and you'd have to pay up front.

You can complain to the retailer about the actions of the employees. You can also hire an attorney to make a claim against the store with the intent of filing a lawsuit ... but your claim against the store is generally going to have to contain some allegation of damage or loss, and a dollar value to make it right. If you lack injury or loss, they're going to either shrug it off or, possibly, send you a gift certificate as was previously mentioned.

- Carl