Legal Question in Civil Rights Law in Utah

I was accused of stealing and assaulted by a clerk

I was accused of stealing something from a gas station in front of others, including my boss. I showed me receipt for purchasing the item in question, and the store clerk got irrate and threw the bottle of water back at me as I exited the store, and hit me. I have been so emtionally distressed by this event, and humiliated in front of other people. Can I sue the store for this ''defamation of Character'' because it was an employee of their store? Is the store part liable in any way?


Asked on 9/08/05, 5:53 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: I was accused of stealing and assaulted by a clerk

You can sue the clerk for assault and battery; intentional and/or negligent infliction of emotional distress. You can name the store as a party to the lawsuit since they employed someone who is grossly negligent. The bad news is that unless you can prove that you are severely emotionally damaged (requires a statement from a mental health person) and/or that you lost your employment and/or that you needed medical care --- your chances of winning a large award may not be great. You should talk to an attorney and allow them to decide what your best recovery could be.

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Answered on 9/08/05, 6:27 pm


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