Tampa, FL asked in Criminal Law and Personal Injury for Florida

Q: I went to home Depot yesterday and was threatened by a home Depot employee in the parking lot to beat me up and shoot me

I have witness I have his name and number he wrote a statement I wrote a statement I reported it to the police can't stop shaking haven't slept do I have a case

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
  • Freeeport, FL
  • Licensed in Florida

A: Are you asking whether you have a case against the employee or against Home Depot? It may be difficult to establish that Home Depot is responsible for the employee's actions. And in either case, is doubtful that you can establish anything in the way of money damages. It is more likely that you will get satisfaction if you can persuade the police to prosecute him.

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Jimmy Doan
Jimmy Doan

A: Sorry to hear that you had this type of experience while out shopping. My understanding is that you are interested in learning whether you might be able to bring a legal action in the form of a civil claim as a result of threatening conduct perpetrated by the Home Depot employee.

In the state of Florida, there are four elements of a claim for injury that need to be satisfied in order to pursue what technically is known as a personal injury claim. I will briefly discuss these four elements with you.

The first element of a negligence claim is duty. This means that the defendant (the person or entity being sued) owed a legal duty of care to the plaintiff (the person who was injured). In a car accident case, for example, all drivers owe a duty to other drivers to operate their vehicles in a safe manner.

The second element of a negligence claim is breach. This means that the defendant failed to meet their duty of care. In a car accident case, for example, if a driver was texting and driving and rear-ended another car, that driver breached their duty of care.

The third element of a negligence claim is causation. This means that the defendant's breach of duty caused the plaintiff's injuries. In a slip and fall case, for example, if a grocery store failed to clean up a spill and a customer slipped and fell, the store's breach of duty caused the customer's injuries.

The fourth and final element of a negligence claim is damages. This means that the plaintiff suffered actual damages as a result of the defendant's breach of duty. Damages can include medical expenses, lost wages, and pain and suffering.

Based on the facts that you have included in your question, on first blush it would seem that pursuing a lawsuit against Home Depot would be a challenging task. By this I mean establishing the elements necessary to pursue a personal injury claim against Home Depot (or even the employee directly) might not be possible.

You have taken an appropriate step in filing a report with law enforcement. Criminal charges against this individual may be a possibility.

If you are interested in gleaning more information about a lawsuit, you should consider scheduling an initial consultation with an experienced Florida personal injury lawyer. An attorney can provide you with a more in-depth evaluation of your situation. Most Florida personal injury attorneys do not charge a fee for an initial consultation with a prospective client.

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