Legal Question in Civil Litigation in New York
Bring claim against employee or store?
Hello,
I was assaulted in a store by an employee.
When I fill out the forms should I list the defendant as the employee or the store?
Thank you.
4 Answers from Attorneys
Re: Bring claim against employee or store?
Both
Re: Bring claim against employee or store?
What forms are you filling out. For what purpose?
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Re: Bring claim against employee or store?
You should bring an action against the employer as well as the employee as both may be liable.
If the employee was acting within the scope of his/her employment then the employer will be liable.
Charles A. Whittier, Esq.
Re: Bring claim against employee or store?
You must list both. The burden of proof will, in real life, be on the store to show that only the employee should be held liable for the assault.
The store will likely be better able to compensate you than an employee and, also, the store will have insurance!
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