QUESTION

What type of lawsuit do I file for the below situation?

Asked on Dec 17th, 2018 on Litigation - Minnesota
More details to this question:
My 16 year old daughter was allowed to board a bus to Chicago from Minneapolis by paying cash. She was not asked for ID, was not provided a ticket, nor added to the bus manifest. When law enforcement reached out to the company for information they claimed that they only do credit card sales (my daughter does not have a credit card, so this led police to believe she did not take the bus.) When the police asked the company for the bus manifest, they indicated that they would not be able to provide until Monday (this was Friday morning) as they did not have staffing to pull it at that time.Their online policy also states that they do not sell tickets to anyone under 17. My daughter was missing for two days. Had this company cooperated or even followed their own policies, we would have been able to locate my daughter much faster and assure her safety sooner. They delayed the investigation and provided information they knew was false. This added to the torment that we were going through.
Report Abuse

1 ANSWER

Appellate Practice Attorney serving New York, NY
You have every right to be upset, but I don't believe that a civil lawsuit is likely to succeed because, although you were emotionally tortured, you suffered no monetary damages directly attributable to the bus company's wrongful conduct.  What you've described would probably closest to the tort of "negligent infliction of emotional distress."  The problem is that, in the jurisdictions in which I practice (it is possible that the law is different in MN) that tort requires some sort of relationship and duty running from the tortfeasor to the claimant.  The bus company had no duty to you. This is not to say that you have no chance of redress.  The bus company's actions could give rise to a criminal charge (impeding a police investigation or the like) and you may want to urge your local prosecutor to prosecute.  Also, you may gain some satisfaction by attempting to publicize the bus company's callousness in the media and consumer protection and advocacy groups.  Also, a complaint to the bus company itself may cause it to offer you some compensation, in fear of the bad publicity your story can generate. I'm very glad your daughter is safe.
Answered on Dec 17th, 2018 at 1:43 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters