Visitor Question

Grocery Clerk Hit Child in the Face with a Bag…

Submitted By: Ann (Pueblo, CO)

I went to the supermarket and when I was going though the checkout line, the cashier was rude, not doing price checks and getting an attitude the whole time.

Then she started putting the bags in the kart and hit my 4 year old in the face with a grocery bag, can something be done? The manager and corporate management won’t call me back to help me.

I guess I’m wondering if I can sue a grocery store for an employee hitting a child in the face with a bag?

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Ann,

You can sue if you want to, but you probably won’t get very far. To have an effective lawsuit victims must be able to prove they were injured as a result of the actions of another.

A mother’s protection of her child is sacrosanct. There is no doubt your child was a victim, but fortunately your child didn’t appear to suffer any real injuries.

Lawsuits work like this:

• A victim is injured by another person.

• The victim’s injuries translate into medical bills.

• Medical bills translate into what is legally referred to as “Damages”.

• Damages translate into an amount of money to be determined in Court after a trial.

(Sometimes before trial the amount of damages can be settled.)

You have a right to be upset, and should be. What the employee did was wrong. It is always possible she was having a bad day. Maybe she was under financial stress, or having problems with her husband or boyfriend. Like all of us maybe she just needs a break. It would be difficult to believe she purposely assaulted your daughter.

If you still feel strongly about this matter send a letter to the corporate headquarters with a copy to the manager. If the store is locally owned then a letter to the manager or owner will suffice. Finally, you can contact the Better Business Bureau and file a complaint there.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: September 7, 2011

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