I was assaulted by a loss prevention employee at a retail department store giant, my knee was injured due to the employee

Asked over 1 year ago - Santa Maria, CA

takling me in the parking lot. subsequently, i was arrested and convicted of burglary. the question i have is do i have any legal recourse against the department store or the employee personally. i can not walk without excruciating pain in my knee and want to know what if any action i can take against either the employee or the store.

Attorney answers (9)

  1. Douglas Holbrook

    Contributor Level 17

    15

    Lawyers agree

    Answered . You may have a civil cause of action against the store, as well as the loss prevention employee, for their excessive use of force. However, you would want to address this issue with a personal injury attorney see if they feel it something that you could pursue.

  2. Steven Mark Sweat

    Contributor Level 19

    13

    Lawyers agree

    Answered . While it sounds like there may have been excessive force used by the security guard, because you were criminally convicted, it will be difficult to succeed on a civil claim against the store. Depending upon the exact nature of the charges, the conviction may be admissible against you in the civil action and may seriously undermine your credibility.

    Nothing in this communication should be construed as creating an attorney client relationship. This is for... more
  3. Christine C McCall

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Be alert to the potential issue of credibility here: your testimony against that of the LP officer? You have a conviction that may be admissible on the issue of whether your testimony is credible.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  4. William Carlos Makler

    Pro

    Contributor Level 12

    12

    Lawyers agree

    Answered . I agree with Mr. Holbrook. I would add that your chance of success on the civil case would depend, to some extent, on the outcome of the criminal case. You should consult a criminal defense lawyer (in private) about that.

  5. Malosack Berjis

    Contributor Level 20

    12

    Lawyers agree

    Answered . It sounds like you could very well have a case against both the store and their employee. However, more facts are needed (e.g., did you put up any kind of fight, were you running when he/she tackled you, etc.).

  6. Frank Mascagni III

    Contributor Level 20

    11

    Lawyers agree

    Answered . You need to have your case reviewed by an attorney in your area. Your civil claim has to be weighed against your actions, your admission of criminal wrongdoing (plea to a felony burglary) and other factors. There probably is a statue of limitations in your state that governs any civil action. Get counsel to review ASAP.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  7. Stephen Peter Anderson

    Pro

    Contributor Level 8

    8

    Lawyers agree

    Answered . Negligence is the doing, or not doing, what a reasonable person or business would do, or not do, under the same or similar circumstances. You can have a cause of action if you have damages (medical, earnings, distress) that arises from that negligence. That is a brief definition. Whether you have a case can also depend on your own actions. Normally, personal injury attorneys will give you a free consultation on such matters so they can go over the facts, and your injuries, to see if they will accept the case. Attorneys are paid a percentage of what they win, if they win. Payment of litigation costs is negotiable. Usually, loss prevention officers are instructed not to touch a customer. You don't mention whether there was a police report, but that would also be important.

    The comments made here are meant to direct you to receive local consultation from an attorney in your area and ask... more
  8. Timothy Leo Bowden

    Contributor Level 14

    7

    Lawyers agree

    Answered . No you don't. The moral of this story is dont steal. They have a right to use reasonable force. If they had stopped you by shooting you, it's possible that you would have a small chance to make a civil claim. But not here. Thankfully the person who stopped you wasn't packing a gun or your family would be asking these questions over your dead body, especially here in tn.

    Tim

  9. Scott David Levy

    Contributor Level 11

    1

    Lawyer agrees

    Answered . Contact a local attorney....your case is an interesting one.
    Scotty

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