Q: In December 2024, a former employer of mine assaulted me in a store causing me to require plastic surgery. Can I sue?
The assault prevented me from doing the job that I was going to that day. I have witnesses, from store, employees and the person who was doing the job with me.The store also has a video of the attack. He hit me in the face with a can of primer which split my nose open. He has been saying slanderous things about me to people in my field, costing me work and money and almost causing me to go to jail for child support arrears. Do I have a case?
A: Sorry to hear what happened to you. You can certainly sue the individual for assault. That said, unless he has assets, you might end up with nothing more than a paper judgment. With regard to suing the store for his actions, you'd have to demonstrate that it had knowledge of his bad disposition / vicious propensities and failed to take appropriate precautions. In other words, there would need to be evidence that his assault of you was foreseeable and therefore preventable. Slanderous statements, without more, would not likely be sufficient.
A: This is an intentional tort with a one year statute of limitations, so suit must be commenced within that period from the date of wrongdoing. Unless you have a permanent injury the value of the case may be significantly low. Slander has different types of damages with different evidentiary requirements to succeed. Consult a local personal injury attorney.
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