Q: Can I take legal action for assault by a store employee?
While attempting to exchange defective vapes at a smoke shop in Lakeland, an employee left the back of the counter to verbally insult me and physically assaulted me by shoving, pulling my hair, and punching me as I was leaving. The employee initially claimed there was video footage of the incident but later stated it was only a live feed, which seems inconsistent, especially if they wanted to press charges for attempted theft. Although there might be video evidence, the police officer suggested I was the main aggressor and left it to the employee to press charges. I want to know if I can pursue any legal action against the employee or the store for assault and battery in this situation.
A: Hello. Unless you have severe injuries it is not likely worth a lawyer pursuing this case. There is no insurance for intentional acts, however, negligent training and supervision could provide coverage. But again, unless there is severe injuries this is not a case most lawyers will take.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
