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

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. 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. 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.


  3. 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.).


  4. 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 informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.


  5. 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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..


  6. 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. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.


  7. 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


  8. 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 proper, detailed questions to get the best legal advice upon which you can take appropriate action.


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

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