My husband was violently assaulted by 3 fast food employees for asking for money back. He sustained several injuries. We were in an area that we knew nothing about but when I called police it took them 30 minutes in the inner city not to mention someone had just gotten stabbed prior to our incident there. They were more concerned with that than my husband being violently beaten. We have police report pictures and also this is all on video surveillance.
You can sue the employees of the store, because they committed the assault and battery. You can prosecute them criminally. If you can prove that the owner of the store KNEW that the employees were violent prior to the date of the incident, then you can sue the store for failing to provide you with reasonably safe premises.
Just guessing but I suspect there is a little bit more to this story, but if you think well of the idea sue the employees and the owner of the store. Wont be worth much unless there were serious injury but maybe something.
Assuming that the assault was unprovoked, there is a civil remedy for assault cases that includes pain and suffering. However, if the assault was outside the scope of the employment of the workers, then the company may not have liability for their actions.
Definitely your husband can sue [you could also sue for loss of consortium basically no sex while he recovered, but normally such claims are dropped when the main case is settled].? You also want to claim the business was negligent in hiring that type of employee, did not supervise them, etc. as that is where the money for compensation is. The employees have little or no assets, as they are working for minimum wages.
I am saddened for what your family is going through. You may have a case against the company. However, many fast food restaurants such as McDonald's are franchises, in which the company may not be responsible . However, the franchise holder would be. These are fact specific cases. The closer in time to an incident that an attorney is hired, the more thorough an investigation can be. It is imperative that the video is preserved. Based on what you provided in this submission, there are allegations of negligent supervision and probably negligent hiring. Hire counsel immediately.
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