Jacksonville, FL asked in Personal Injury for Florida

Q: A grocery store worker grabbed my three year old daughter without permission while I was going through self-checkout.

The incident was caught on camera but the store refuses to share the security tape with the police. What should I do?

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Hollywood, FL
  • Licensed in Florida

A: I assume you're asking this question because you want the employee to be charged with a crime. More details would be needed on exactly what happened to determine if it constitutes a crime, but assuming the employee's act IS a crime, a video should not be necessary unless the employee has denied doing it and there are no witnesses other than yourself, making it a he-said-she said situation. One way to attempt to obtain the video would be to file a civil lawsuit against the store (seeking money damages) and having a subpoena issued for production of the video. However, if your child has no real injury from the incident, you would probably need to pay a substantial amount in attorney's fees and court costs up front in order to pursue the subpoena angle. Another action you can take is to send a letter to the store management (with proof of receipt) stating you intend to make claim against their company for the incident and request them to PRESERVE the video of the incident. Absent a lawsuit, they would not have to turn the video over to you, but if they destroy the video after receiving your request, and you file suit, the destruction would be a point against them in determining who is telling the truth about the incident.

Tim Akpinar agrees with this answer

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