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Tina
Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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I was assaulted in a Dollar General store and ask the store

Resolved Question:

I was assaulted in a Dollar General store and ask the store clerks and manager to call the police and no called and the Lady was able to leave the store.
Submitted: 1 year ago.
Category: Legal
Expert:  Tina replied 1 year ago.

Hello and welcome.

I am sorry to hear of your difficult situation. My goal is to provide you with excellent service. First, I have some questions for you so I can determine what information to provide you.


Is your question whether the store had a duty to call the police for you? How were you assaulted? Were you obviously injured?
Customer: replied 1 year ago.

My wallet was hit out of my hans and the lady pushed me in my chest very hard. Before that she verbally assualted me several times and very loudly. After she assualted me. I made the statement that "This lady has just assualted me call the police" I didn't see anyone make a gesture to call the police so and being very suprised at this entire incident I proceded to my car to get my phone and I was so nerves I couldn't find it.
I meet the police at the store where he viewed the tape. I will getting a copy today. My question is whether the store had a duty to call the police?

Expert:  Tina replied 1 year ago.
Hello again, Angela, and thank you for the additional information. I'm so sorry that happened to you.

Yes, the argument could be made that the business had a legal duty to take action where they were made aware that a criminal act was taking place against a customer.

Under state law, a possessor of land who holds it open to the public for entry for his business purposes is subject to liability to members of the public while they are upon the land for such a purpose, for physical harm caused by the accidental, negligent, or intentionally harmful acts of third persons or animals, and by the failure of the possessor to exercise reasonable care to

 

(a) discover that such acts are being done or are likely to be done, or

(b) give a warning adequate to enable the visitors to avoid the harm, or otherwise to protect them against it.

Here is a link that sets out this principle and provides additional information on this issue:

http://openjurist.org/125/f3d/1335/wells-v-boston-avenue-realty-l-l-iii

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

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Customer: replied 1 year ago.


Now is this a civil case or how would I direct this to an lawyer or the store?

Expert:  Tina replied 1 year ago.
Hello again, Angela.

I would look for an attorney who handles premises liability cases since this involves that issue, or an attorney experienced in general civil litigation. They may be willing to take the case on a contingency fee basis, so I would ask about that.

I hope this helps clarify the situation for you.

It has been my pleasure to assist you. Kindly remember to rate my answer when our communication is completed so I will be compensated for my time in providing you with the information you requested. If you feel the need to provide a low rating, please stop and reply to me via the REPLY or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger. Thank you and all the best to you in 2013.

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

Tina, Lawyer
Category: Legal
Satisfied Customers: 31981
Experience: JD, BBA Over 25 years legal and business experience.
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