Legal Question in Personal Injury in California
Personal Injury
With birthday(perhaps her last?) flowers, my mom received a ''horrible'' and disgusting note maliciously or inadvertantly. The N word was used and she was disturbed enough to call the florist. She's 86 and frail physically and mentally. She endured this alone at home and was upset and confused. Her family was a pilar of the community. The local florist performed contractually. The corporate internet order was the note's origin. What is the national flower company's responsibility? It won't respond. The son's calls to HQ evoked laughing responses. Their remedy is to send flowers based on the agreement of the customer who ordered the flowers. Should we take this to the local Sheriff and newspaper? Is this a ''hate crime?''
2 Answers from Attorneys
Re: Personal Injury
In order to be a hate crime something must first be a crime. Sending flowers with an offensive card is not a crime, so it certainly isn't a hate crime.
The florist is not responsible for the contents of the note. I don't think we want companies censoring our messages according to whatever standards they choose. Besides, as Mr. Bennett notes, some people would find notes like the one your mother received acceptable or even funny depending upon the source. It is not the florist's job to police what its customers write.
The one you and your mother should be mad at is the author of the card. Leave the florist out of this.
Re: Personal Injury
Was there actual damage to Mom, other than hurt feelings? Law provides little in damages for merely being upset.
National flower company might bear the brunt of this, but very hard to prove they did anything wrong (to them, this might have been a joke that Mom might think funny, and we do have freedom of speech). It might be possible to win, but quite a longshot, and quite expensive.
I would talk to the sheriff about a "hate" crime, but you are unlikely to get satisfaction.
You may want to hire a lawyer to write a letter to flower company, with the hopes they'll pay Mom a small amount to drop the case (called "nuisance value" settlement).
Good luck!
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