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Unless you are the legal guardian of your grandson, you have no cause of action. It is up to the parents or legal guardian of a child to bring actions on the child's behalf.
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Touched how? What are his damages? What are the facts? Walmart will claim the former employee was not acting within the scope of his employment and therefore Walmart is not liable for what he did.
I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.
Contact a local personal injury lawyer to represent your grandson. The legal guardian either parent should b the one to institute the lawsuit.
If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate it. Thanks. For further information you should see an attorney and discuss the matter completely. If you are in the New York City area, then you can reach me during normal business hours at 718 329 9500 or www.mynewyorkcitylawyer.com.
I understand your frustration. However, to prove liability against Walmart one would need to show more than an inappropriate or illegal interaction. I strongly recommend you contact an attorney to fully investigate this serious matter immediately.
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