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.
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.
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.
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.
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.
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