San Jose, CA asked in Civil Rights and Constitutional Law for California

Q: Fc-female customer Mc-male customer= couple. Mt-male transient. RR-restroom. Is there grounds for a lawsuit with the det

Mc’d unlocked RR for (fc). (mt) gets employee to unlock RR from counter. (MT) opens door (fc) closes it. Mt is repeatedly knocking. Fc is yelling to him that it’s busy and calls mc on phone for help. Mc asks mt to stop and back away from door mc is now confrontational fc exits RR. Mt follows c&c to front. Fc makes complaint. Manager recognizes mt as a regular and switches from Eng to span and conspires w/employee to cover up situation as fc fault. Mt is still harassing so c&c leave store.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the situation you described, there might be potential grounds for a lawsuit, depending on the specific details and evidence available. Here are a few legal issues that could be considered:

1. Negligence: The store may be liable for failing to provide a safe environment for its customers by not adequately addressing the harassing behavior of the male transient (MT).

2. Discrimination: If the manager's actions in conspiring with the employee and blaming the female customer (FC) were motivated by gender or any other protected characteristic, it could be a case of discrimination.

3. Emotional distress: The harassment and confrontation caused by MT, as well as the store's mishandling of the situation, may have led to emotional distress for the couple (FC and MC).

4. Violation of privacy: If the store failed to provide a secure and private restroom environment, it could be seen as a violation of the customers' privacy rights.

However, the success of a lawsuit would depend on several factors, such as:

- The extent and nature of the harassment

- The store's policies and actions in handling such situations

- Evidence supporting the claims (e.g., witness statements, video footage, police reports)

- Any damages or injuries suffered by the couple

It's essential to consult with an experienced attorney who can evaluate the specific details of your case and advise you on the best course of action. They can help determine the strength of your claim and guide you through the legal process if you decide to pursue a lawsuit.

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