Legal Question in Criminal Law in Illinois
Would this be considered assault and can charges be filed?
I had a contract with a property management company to clean their windows. Job completed, I left ladders at the building site to pick up later. Contacted janitor and made arrangements. Arriving at the premises the janitor told me that I had to wait because he was on a long distance call. Waited for almost an half hour (a vindictive ploy by the janitor as this was not the first time he did this). I vented my frustration and told him he needed to move his f_ _ _ _ _ g car out of the way so that I could get my ladders. As I approached the gate he obstructed my way. I tried to get around him and he pushed me into the wall of the building. I was able to get around him eventually and proceeded to get my ladders. The janitor locked the gate behind. I noticed the building right next to the building where I did the work, undergoing a complete gut job (no one was on the premises at the time). I climbed onto an open window ledge of the other building, which was half a story up, with my ladders, and exit the other building. I cut my shin pretty bad and almost fell into the open basement, a good 24 ft drop. This happened back in November. Can I take legal action against the janitor and the property manager/and or building.
1 Answer from Attorneys
Re: Would this be considered assault and can charges be filed?
Hello and happy holidays. In my opinion you have
grounds for a lawsuit against the janitor and his
employer. I assume his employer is the building
owner or the real estate managing agent. A civil
suit for assault and battery and false imprison-
ment is appropriate based upon the facts that you
have provided. You can include your injury and
any medical bills as damages. You probably should
have filed a police report. This is a very
serious matter and I recommend that you take legal
action. You had a right to your ladder and the
janitor sounds like a born nut. I will be happy
to answer any additional questions that you might
have.
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