QUESTION
A client in a strip club tried to give me a ring I refused and now he is threatening to sue me what can I do?
Asked on Dec 01st, 2012 on Labor and Employment - Nebraska
More details to this question:
I work in a nightclub. A customer bought a ring. I did not accept it. And was advised not to by the owner of the club. After a week the customer came back and was fine. Then another week later came in yelling about the ring. His family claims he is mentally challenged and is threatening to sue for all transactions in the club and for the price of the ring. Is this even possible?
10 ANSWERS
You are not legally required to accept a gift from someone, so you do not need to accept the ring. While he or his family may threaten to sue over the ring, I do not see where they have a case. You did not ask him to buy the ring and you did not accept it. You have done nothing wrong. If this person continues to bother you at work, you should continue to notify your employer and request he take action to have this person removed from the club. If you still feel threatened by this customer, you can take out a protective order or non-contact order against him in court.
Answered on Dec 05th, 2012 at 4:10 PM
Theodore M. Roe
I'm not sure I understand the theory under which they wish to recover. He bought a ring and you didn't accept it. I could not imagine what the damages would be. This sort of thing illustrates how anyone can sue anyone else in the US for anything... that does not mean that they will prevail.
Answered on Dec 05th, 2012 at 3:41 PM
Any one may sue any one for anything, so anything is possible. The lawyer's answer is wait on the suit, then defend it. The practical answer is to do no thing, and quit worrying about what might happen.
Answered on Dec 05th, 2012 at 3:38 PM
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Nancy Wallace, Attorney at Law
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It is 'possible' for any person to sue any person or business for anything. A mentally unstable person such as this would be extremely unlikely to figure out how to pay an attorney to file such a suit, and extremely unlikely to figure out addresses where a process server would personally serve copies of any complaint on any defendant. If this mentally deranged individual files a complaint for 'conversion' (civil theft) of a ring but never personally serves the Agent for Service of Process of the business and never personally serves you, the judge dismisses the complaint after a few weeks.
Answered on Dec 05th, 2012 at 11:49 AM
He can, of course, file a lawsuit for either return of the ring or for its cost and also for al l transactions in the club. His family cannot sue on his behalf unless he's been formally declared incompetent to handle his affairs by a probate court and a guardian appointed. Either way, it would difficult for them to persuade a judge or jury against you.
Answered on Dec 03rd, 2012 at 2:53 PM
Susan Marie Basko
No sensible lawyer would take this case. However, keep in mind there are plenty of desperate lawyers. If a lawsuit is filed, it will likely be a meritless nuisance suit designed to get the Club owner to settle for fear of bad press for the Club. The man is an adult. If the family wants to control his spending, they should get guardianship over him and control his spending and his behavior. He should only have access to money he is allowed to spend. The man probably fancies himself to be your boyfriend. It is best to avoid leading on anyone in such a way or in participating with their fantasy. Hopefully the man does not know your real name and only knows you as Misty or Destiny or whatever stripper name you use. The Club owner should deal with this situation. The man should probably be banned from the Club. Clubs are hesitant to ban people who spend money, but at some point, the money is not worth the trouble. The Club owner was smart to tell you not to accept the ring.
Answered on Dec 03rd, 2012 at 2:44 PM
Steven Lee Miller
He has a lousy civil case. No civil case in my view. If you consider him a physical threat to you, I would suggest informing the police, and perhaps going to court and getting a restraining order so he does not approach you. Hopefully your employer is sympathetic to your feelings, and will not allow him in the club, and perhaps even pay for a lawyer to help get you the restraining order.
Answered on Dec 03rd, 2012 at 1:56 PM
Kevin Elliott Parks
I'm not entirely sure what's going on here, but generally speaking it is entirely possible for anyone to sue just about anyone else. Of course, just because one can be sued does not mean that a suit would ultimately be successful.
Answered on Dec 03rd, 2012 at 1:56 PM
Based on the little information you provided, you should not be liable for the customer's actions unless you encouraged him to buy the ring or promised him something if he provided you with something of value or arranged for someone else to sell him the ring fraudulently.
Answered on Dec 03rd, 2012 at 1:36 PM
He can sue but he has to PROVE his case.
Answered on Dec 03rd, 2012 at 1:36 PM