What are my legal rights if I was punched on the jaw by a McDonald’s employee?

Question

McDonald's employee punched me in jaw over diet coke mix up.

William C. Gosnell · Answer

Hire a lawyer file a suit.

Bernard Huff · Answer

You should retain a personal injury lawyer for assistance.

Jared Altman · Answer

McDonalds may be responsible if they knew or should have known that this employee was violent.

Melvin Franke · Answer

What are your economic damages?

James Griffin · Answer

A McDonald's employee punching a customer in the jaw would constitute a civil battery and probably assault for which McDonalds as his employer may be civilly liable, although intentional criminal acts( this being a criminal act as well), may exempt McDonalds from liability. Clearly, the individual employee would be personally liable for any damages to you resulting from the punch.

Jerrie Weiss · Answer

Since it was in the course and scope of his job performance, you could sue McDonald's and the employee personally.

Paul Whitfield · Answer

Swear out a warrant for assault. Tell the general manager. You are not likely to get big bucks out of this unless the McDonalds franchise knew the employee liked to assault people and then kept him on payroll. Most unlikely.

Kevin Habberfield · Answer

Call the police. If you are hurt badly get an attorney.  Good luck.

Jeffrey Lapin · Answer

You have the right to sue the McDonald's employee for punching you for your injuries and damages. You also likely have a claim against McDonald's, either the company itself or the franchise owner. McDonald's is generally responsible for the actions of its employees. This is called "vicarious liability." McDonald's may also be liable on its own as well. This depends on information not contained within your question, including, but not limited to: whether it knew or should have known that they the employee was going to assault you; whether it negligently hired the person who hired you if they knew or should have knew he or she was likely to assault customers; whether it could have done more to protect you.  In addition, the City or County Attorney may pursue criminal charges against the McDonald's employee who punched you. You really do not have any control about any criminal charges.  You may want to talk to a personal injury attorney. Most offer a free initial consultation so it will not cost you anything to learn more about your rights and options.

Thomas Bulman · Answer

Did you say anything really nasty ass to the McDee dude before he bopped you one?  If so, than even though there is a no hit the customer rule, a jury might say fine and award $100. Even if he just blapped you for no reason, unless you fell down and got a skull fracture, not enough damages to make a court case out of it.  Hurt feelings don't amount to much.   A better lawsuit would be you were shot by a gang member even though MickeyD's knew there was a problem for months.  You end up in a wheelchair and colostomy bag strapped to your leg for the rest of your life.  Now there's a lawsuit.

Andrew Velonis · Answer

You can sue both the employee and the employer.  But: evidence will be required.  Do you have witness statements?  Was there a surveillance camera on? Was somebody recording with their cell phone? Were there any charges pressed?  The other side will have their version and try to make it look like you were the assailant and the employee was acting in self-defense. If the situation gets all confused and nobody can prove anything, then you lose.

David Stoddard · Answer

If it was not self defense, you would be entitled to whatever damages you suffered, including medical costs, lost wages (if there are any) and pain and suffering.  How much you are entitled to depends on how severely you were injured.  The employee who hit you is liable as well as McDonald's.

Georges Shers · Answer

You can sue in civil court for the tort of assault and battery.  You can sue McDonald's, although they will say the employee acted outside the course of employment, and the employee who hit you.  If you suffered no physical injuries the your case is not worth very much but you can sue in Small Claims Court for $750.

William Spern · Answer

Make a claim for assault and battery against the employee and McDonalds. If they don't respond, file a lawsuit for the battery.

Michael Yeksavich · Answer

I do not know but I suspect there is more to this story. so I cannot answer your  question on the facts presented.

Ronald A. Steinberg · Answer

You have a criminal case against him and a civil case.  No case against McDonald's unless he had done it before.

James Osak · Answer

Was it Ronald McDonald or the Hamburgler? File a police report. Go to doctor for x-rays and pain pills. SUE MC DONALD'S along with EMPLOYEE as a CO-DEFENDANT. They'll no doubt offer to settle with you by offering a "Happy Meal" or some such nonsene. Tell them you want $$$$.

Michael Sgarlat · Answer

Go to the loval Magistrate or police station and Have him charged and arrested for assault & battery.

Britany Engelman · Answer

You have a potential claim against McDonalds and the employee.

Michael Heilmann · Answer

The employer is responsible for the for the employee's actions. Sue.

Mark Leonardo · Answer

Not only do you have the right to file criminal charges for battery, but you have a civil claim for battery as well.  You can sue McDonald?s and the employee.  Take photos of your face each day to show progression of bruising, if there is any.  The question will be what are your damages?  Did you seek medical or dental care?  If so, that would be part of your damages.  If not, you have a small claim for the embarrassment, pain and suffering.

Brett Rosenthal · Answer

That has some value, both as to corporate and as to the independently owned   franchise.

Timothy Klisz · Answer

Call the police and report the crime. If you were really injured, there is a civil case against the person as well.

Steven Fairlie · Answer

You can sue McDonald's and the worker for battery.

Stephen Lombardi · Answer

Was it Ronald that punched you? I've always distrusted him, he  has a  certain look in his eye and that yellow hair and those goofy shoes aren't   fooling me. After all where is Mrs. Ronald? What ever happened to her and how  can  Ronald be so happy when there is no Mrs. Ronald? You get my  point.   To answer your legal question I'd say you can file a claim by  sending a  letter to the manager explaining what happened and asking to speak  with their  insurance company.

Jason P. Kutulakis · Answer

Call the police for the assault! Write to McDonald and tell them to preserve any video surveillance they may have.  Consult with and retain an attorney.

Mark Smith · Answer

You can sue McDonald's.

Eric Scott Meadow · Answer

You may have a claim against both the employee and McDonalds.  You should call a lawyer to discuss.

Dean Esposito · Answer

You should file suit against the individual and McDonald's.

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What are my legal rights if I was punched on the jaw by a McDonald’s employee?

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