Legal Question in Personal Injury in Iowa

On Sunday night, I got into an argument with a co-worker at a bar. I openly admit that I was very intoxicated and was not going to drive home. I then had called my sister and was walking down to the local convenient store to wait for her to get there. On arriving at the convenient store, the clerk and I got into a verbal argument and he asked me to leave as I tried to explain it was freezing cold outside and I was just trying to wait for a ride and stay warm. I then walked outside, waited for a few minutes and went back inside to try to make some sort of apology. Immediately on re-entering the clerk pointed a can of pepper spray in my face and emptied the entire can on my upper body and face. He called the police and they arrested me on a previous FTA but I was not charged with any crime. It is now 2 days later and I can barley see what I am even typing. Do I have any legal action or civil case? I feel like this has to be assault but my parents aren't really helping me. I feel I need to do something soon because I know the store has the surveillance footage and I think it will help me make my case that this was beyond necessary..


Asked on 1/11/11, 9:02 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

It would certainly depend on numerous factors which are not included in your question. What was said during your argument with the convenience store clerk? Based on this, and your actions, was the clerk reasonably concerned for his safety? Have you sought and do you require medical attention for your injuries? Are your parents attorneys or health care providers (just curious, since you mention that they are not helping you)? You should discuss your situation in detail with an attorney.

By the very nature of Law Guru, you have only provided limited facts and no documentation, therefore, our response to your question is treated only as a hypothetical, and as such it is merely general in nature. You should not rely on this response in taking or forgoing action in your circumstances without discussing this matter with an attorney. If we had the opportunity to ask you sufficient questions and review relevant documents so that we were satisfied we had all of the relevant facts and circumstances, our response might differ significantly. Without the opportunity to ask you questions, and review all relevant documents and memoranda, we are simply unable to provide any form of legal advice. Our response to your question does not create any attorney-client relationship between us, and we are not acting as your attorney. We reserve the right to decline representation in any case. By answering your question, we are under no obligation to answer further questions. There are very specific deadlines for filing a lawsuit, replying to a lawsuit filed against you, or taking other action in order to preserve your legal rights. You should contact an attorney immediately in order to be fully advised of your rights, and so that you are aware of those deadlines. If you fail to act within the required time frame, you might be forever barred from asserting your rights or defending your position.

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Answered on 1/17/11, 8:16 am


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