Legal Question in Personal Injury in California
Threatened by a banker.
While in a bank I became upset and began using profane language. After closing my account and exiting, the banker followed me outside and threatened to asault me if I used profanity in ''his'' bank again. Would sueing the bank be futile?
2 Answers from Attorneys
Re: Threatened by a banker.
Probably. Threats can amount to assault and can support a civil judgment, but they only qualify as assaults if they meet certain requirements. One of these requirements is that the person threatened must believe that the threatened harm is imminent. Another is that this belief must be reasonable under the circumstances.
The banker said he would harm you if you swore in the bank again. The implication is that he would not harm you unless you returned to the bank and resumed swearing. There was probably no reason to fear imminent harm under those circumstances.
Even if his statements amounted to an assault, I don't think you would be able to recover a large damage award. Such a conditional threat would not cause extreme emotional distress to most people, and you didn't say it had such an effect on you.
You might be able to win a small judgment but, unless there are significant facts you didn't mention, it probably wouldn't be enough to justify your effort -- let alone to pay for a lawyer.
Re: Threatened by a banker.
Wite a letter to the higher officials at the bank explaining what occurred with the bank employee, find another bank, then move on.
Good luck.
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