Injured in Aggravated Assault While Working...
I work for a mall. While I was doing my job outside at 7:30am a truck with 2 passengers drove by and shot me approximately 8 times with a pellet gun. I had several welts on my back and arm. They were both charged with aggravated assault with a deadly weapon. The driver has admitted on police video of his involvement.
Can I sue the people in the vehicle, or should I sue the shopping mall, or both?
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ANSWER for "Injured in Aggravated Assault While Working...":
Timothy (Centerville, GA):
Unless you are able to present evidence indicating the mall owners or operators had reason to believe these criminals had been terrorizing people at the mall, and even with that knowledge took no action to notify the police, or took any other action to deter these scoundrels from coming on to the premises, you will probably not have an action against the mall owners or operators.
In the alternative you have every right to file suit against the owner and driver of the truck. You also have a right to sue the passengers. If any of the occupants of the truck were minors, you will have a legal right to sue their parents. In the State of Georgia, as in most states, parents of minors can be held financially responsible for damages purposely or negligently caused by their children.
You have a right to see the police records of the arrest. You may run into trouble having the police release the names of the minors. There is a way around that though.
If you hire an attorney and suit is filed against the owner or driver of the truck and he, or any other passenger is an adult (17 years of age or older), you can sue those occupants and during the pre-trial hearings your attorney will be allowed to ascertain the names and addresses of the minors. With that information your attorney can find them and have the option to sue their parents.
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.
Best of luck,
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