Legal Question in Personal Injury in New York
Assault & Battery
Is a business and it's owners (Father & Son) liable for monetary damages when such owner and/or his son physically assaults me during business hours and while I was there to collect a paycheck from such business? The business and owner are former employers, and the assault occurred on the premises of such location, perpetrated by the owner's son. An arrest occurred based on my report and the observation of a New York City Police Officer?
4 Answers from Attorneys
Re: Assault & Battery
Assault and Battery are the basis for civil and criminal actions. If you were injured severely, you might consider a personal injury action; the main difference from an auto accident is that this is what is known as an intentional tort, and insurance usually doesn't cover the
incident.
A situation where insurance might still cover, is if you are injured worse then intended, as a result of the negligent use of force, for instance if a bouncer breaks an arm, where the intent was only to remove you from the premises.
It sounds as though you were an employee here; as an employee workers compensation would normally be your only remedy, but the situation changes if you
were no longer employed.
Re: Assault & Battery
Yes. The business can be held liable.
Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.
Re: Assault & Battery
Ypur recovery is usually limited to the injuries that you have incurred.
Good Luck
RRG
Re: Assault & Battery
The business can be responsible if the act of the employee was taken in the course of his duties. These cases are very fact specific but from the little you've said, it sounds like you have a chance because you were there to collect a pay check. The question is did you sustain injuries sufficient to warrant the costs of a lawsuit. I have handled this type of case before and would be happy to discuss your case with you.