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RONB-ESQ
RONB-ESQ, Lawyer
Category: Legal
Satisfied Customers: 357
Experience:  Right of Way Manager at Access Midstream Partners, LP
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I went to a shoprite this afternoon. I have a servere

Customer Question

I went to a shoprite this afternoon. I have a servere problem with my back and knees I also suffer from muscle weakness. I have to lean on the shopping cart because i can not stand up a long time. After I got my food I got in line. The line was long. I saw a cashier about to open up a register. I started walking that way. She stopped at the first register, I did too. I started putting my food on the register. She then calls for the people in the line next to me to come over. She said Ms you can get here I called for the next person in that line. I was already there before she called them to come. The cashier made a big stink and said she is not going to ring my food up. Another lady come over and started yelling at me. The people in the next line started yelling at me. The big burly manager started yelling at me. I was so scared. They would not let me buy my food. I was humiliated and scared. I was about to leave and decided to go to ask the manager for his name I collapsed because of my condition and my fears. Everyone was laughing at me they thought i faked a fall they didn't know i have a medical condition that won't allow me to stand and long time. That is why i was trying to get out of the store. I am so hurt and humiliated that i was treated this way. the store called the ambulance for me. They checked me and i left the store. can i sue them for they way they treated me. I did nothing wrong I did not get in front of anyone I just got to the register before anyone else.
Submitted: 1 year ago.
Category: Legal
Expert:  RONB-ESQ replied 1 year ago.

Hello my name is ***** ***** I am a licensed attorney. I welcome you to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. The question and response may be viewed by other parties as noted in JA’s terms of service. By continuing, you confirm that you understand and agree to these terms.

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You should be able to view my answer just below this response as we continue…. shortly

Expert:  RONB-ESQ replied 1 year ago.

I have quickly reviewed your statement of facts. Thank you for providing enough detail so I can understand the situation.

I disabled and working from home after extensive cancer treatment and do have trouble standing for extended periods myself due to side effects of treatment. I can understand how embarrassing this must have been and frustrating at the same time. I am sorry you were treated in this manner.

To clarify a couple things, Did you trip on any object or just collapse? Did anyone at the store know of your condition prior to this event?

Expert:  RONB-ESQ replied 1 year ago.

Please note that you may see a pop up saying phone call versus typing. Do note that this is automatic from the website and I didn't send it. If you prefer to talk on the phone I can arrange that by sending you a request with price, but I am fine continuing this way and just offer the phone call as convenience. You can ignore any pop ups until we both discuss making a phone call.

Expert:  RONB-ESQ replied 1 year ago.

Are you online? I will check back occasionally to see if you have replied. I can try and give a broad general answer, but if I can get a little more information I can better tailor my answer to your situation.

Expert:  RONB-ESQ replied 1 year ago.

Since I have not heard back from you I am going to try and answer your question and presume certain facts. Note if the facts are actually different that would potentially change my answer so reply back and let me know if I presume something wrong. Based on the level of detail you provided above I am going to presume that you did not trip over anything on the floor or slip on anything causing your fall. I am also going to presume that the store employees had no previous knowledge of your medical issue and that you simply collapsed after having to stand for to long of a period. Again let me know if any of this is incorrect. While I completely understand how upset I would be if this happened, I am unaware of any civil claim you could make against the store related to either the rudeness of the employees and/or you collapsing resulting in the call of an ambulance. I know this is probably not what you wanted to hear and I would ask that you not shoot the messenger. I have an ethical obligation to provide you accurate information to the best of my ability. The typical claims you see are slip & fall and that is related to the fact that the store has a Duty to an invitee to take reasonable efforts to remove potential safety risk to its patrons. Since they have a Legal Duty then once they breach that if the party can prove they were damaged the party has a basis for a civil lawsuit based on negligence.

In this case, I don't see that the store intentionally or unintentionally breached a legal duty to you. If you were disabled and they failed to make reasonable accommodations then the store might have violated a Federal or State policy related to necessary accommodations for those that are disabled. In that case it is generally not an individual parties claim, but more likely a claim brought by a state or federal agency related to a complaint and potential fines or penalties to bring about future compliance.

Again, I am sorry as this is probably not the news you wanted to hear. That does not mean that you don't have recourse. While you may not have a viable civil claim that is not to say that you can't contact upper management and make them aware of how you were treated. I have found personally that most businesses take a legitimate complaint serious when a consumer takes the time to write a letter and send it not only to the store manager, but also to his boss and perhaps the owner if it is not as huge as say Walmart.

You can likely get this information by calling and asking for the store manager's name. While talking to that person, ask for their name, and then ask for who the local manager reports to. By asking the person you talk to for their name they will feel more compelled to give you accurate information so that they are not named in some letter. You could also ask for a corporate customer service manager or when you find out who the store manager reports to you can ask for that person's name and address. You can also find alot of this by searching on the internet.

It would be fair to threaten to make this information public such as facebook or other means (don't say anything that is untrue as you could be sued for libel if the information is defamatory and untrue. Truth is an absolute defense to any defamation suit so if you restate the facts accurately you can not be held liable. Do note that anyone can sue anyone and someone might threaten to sue and you might have to defend a case in court, but truth is a defense.

I would not go the facebook route unless you get no response from the store. When you write them you need to have some ideal as to what you expect them to do. It may be that you expect the manager and any participating employees to be disciplined and you want an apology from the store? You could always ask for a certain limited sum of money related to the inconvenience this caused you. By that I am only thinking of $50-$100 store credit you can come up with what ever you feel right about. If you go back or send someone back you might look to see if they have video cameras around the whole front area. I say this because an upper management person might actually review the video if you provide the date and approximate time of the event just to review how his employees treated you?

Again I wish I had different news to offer.

I want to thank you in advance for giving me a positive rating for my answer or if for some reason you can't please reply and let me clarify anything as that is the only way I am compensated for the time I spend answering your question. Even after rating me you can always reply to my answer and ask follow up questions or get more clarification.

Best regards,

Ron

Expert:  RONB-ESQ replied 1 year ago.

It is my goal to provide you excellent service and do my best to fully answer the question you posted. The only way I get any credit for my answer is if you give me a positive rating between good-excellent. I would truly appreciate you taking the time to go back and review my answer and give me feedback. In the event you don’t feel like I answered your question please reply so I have an opportunity to fully answer the question you asked.

Expert:  RONB-ESQ replied 1 year ago.

It is my goal to provide you excellent service and do my best to fully answer the question you posted. The only way I get any credit for my answer is if you give me a positive rating between good-excellent. I would truly appreciate you taking the time to go back and review my answer and give me feedback. In the event you don’t feel like I answered your question please reply so I have an opportunity to fully answer the question you asked.

Regards,

Ron

Expert:  RONB-ESQ replied 1 year ago.

Hello again,

I wanted to check in with you and confirm that you did not have any further follow up questions for me from the answers I provided to you on the 1st. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I have not received a rating. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can go directly to my page for future questions by going here: http://www.justanswer.com/law/expert-ron-b/?rpt=3800

Regards, Ron

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