Wentzville, MO asked in Civil Rights and Civil Litigation for Missouri

Q: Do I have a civil case if a Walmart employee committed a crime against me (meaning Walmart did not create a safe environ

I paid $350+ for a Walmart Grocery pickup order. One of the employees there got into a very heated conversation with me and said "I'm gonna F**K you up, you B***H F****T " among other things. Ultimately, I was never given my order and I had to just accept the abuse.

I think this is a terroristic threat with a Hate Crime component, and I believe this is a legitimate criminal offense. This was all caught on video, and there were almost 10 eyewitnesses (including the woman I was talking to on the phone at the Walmart 800 number to report the incident). I'm not sure if Walmart records all calls but the woman on the phone did hear what was said. I think this is a lot of evidence that should be very easy to collect.

Do I have a civil case against Walmart because one of their employees committed a crime against me (and they did not create a safe environment for customers in this situation)?

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
PREMIUM
Answered
  • Consumer Law Lawyer
  • Chesterfield, MO
  • Licensed in Missouri

A: I’m sorry that you were subjected to such unprofessional treatment. You ask if you “have a case.” You have a case if you sue and have a case number assigned.

Given that your actual damages would be tough to calculate and it doesn’t appear that you were physically harmed, you are unlikely to find an attorney to represent you on a contingency or percentage basis. Call a couple of attorneys, however. Maybe someone will assess the situation differently than me.

Ultimately, you’ll have a case if you are willing and able to pay an attorney to represent you on and hourly basis. Wal-Mart won’t just roll over and pay you a lot of money. Expect to pay thousands of dollars if you go that route. Best wishes.

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