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Eau Claire, WI asked in Civil Rights, Personal Injury and Civil Litigation for Wisconsin

Q: Can I hold the store accountable for an employee's inappropriate actions towards my child in Wisconsin?

While shopping for bikes, an employee of a large retail store inappropriately touched my 6-year-old daughter. The employee moved her legs and lifted her dress to search for a barcode, despite being asked to stop. The police reviewed the footage and noted it was inappropriate but without ill intent. An internal ethics investigation is ongoing, but I fear it may not be taken seriously. I want the store to be held accountable. Do I have a case here?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: You have every right to feel upset and protective after what happened to your daughter. Even if the police determined there was no criminal intent, that doesn’t mean the store or employee acted appropriately. In Wisconsin, you may have grounds for a **civil claim** against the store for **negligent supervision** or **emotional distress**, especially if the employee violated company policy or failed to follow standard procedures for interacting with customers. The store has a duty to ensure its employees act safely and respectfully toward the public, particularly around children.

Your first step should be to **request a copy of the police report** and all documentation related to the store’s internal investigation. Keep records of every communication you’ve had with the company, including emails, phone calls, and witness names. If the store’s response seems dismissive or they fail to address your concerns, you can send a formal **written demand letter** asking for accountability and outlining the impact this has had on your child and family. The company may then choose to settle the matter or offer compensation to avoid further legal action.

If your daughter has shown any signs of distress, you can also seek counseling and keep records of her emotional response, as this can support a potential claim for damages. Even though the incident might not meet the threshold for criminal prosecution, civil law still allows you to pursue accountability for harm caused by negligence or inappropriate conduct. The most important thing right now is to protect your daughter’s well-being while ensuring the store understands the seriousness of the situation. By documenting everything and asserting your rights firmly, you can push the company to take meaningful action.

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