My brother was assaulted by a 'large chain store' employee....?

Question

My brother was recently assaulted by a chain store mechanic in the stores 'garage'. My brother had brought a tire in to be repaired and was told there would be a 3 hour wait. Since he was traveling home for Christmas, he did not want to wait the 3 hours and decided to go to a tire store down the road. My brother turned to leave, exiting the the way he was led in by another store
employee. At this time the manager became angry and yelled at my brother 'not to walk thru his shop'. My brother continued to walk towards the door. Please mind that this is the way he came in and the side where his car was parked, AND it's raining.He is standing less than 5 ft from the exit gate. As he tries to leave, the manager pulls back on the gate and swings it with force. The gate swung all the way thru and hit my brother hard enough to leave a welt and a bruise. The videotape has been viewed by the higher ups and now they are asking my brother what he wants for compensation. Comments? Suggestions?

I'd like to note again that he was lead (from outside) into the open garage by an employee. He was never inside the actual store. After the incident he was told by the stores general manager that complaints had been made against this employee before.

Answer 1

Tell him to ask them to provide a reasonable offer of settlement and that he will review it with a lawyer. (even if he doesn't intend to get a lawyer, although when making a settlement with a large company, they would likely have him sign a release and certificate of independent legal advice before giving him $$)

The reason they are asking him is that they are hoping he will give a low figure and they can get rid of him. By putting the onus on them, they must think carefully, they will not want to over pay him, but they will be worried to lowball because then he will get a lawyer and then it'll cost way more.

I'd point out that unless he suffered injury or trauma he likely isn't looking at big bucks.

Answer 2

He should tell the company that he feels he should speak with an attorney before he makes any decision or signs any agreement. However if they would like to make a signed offer in writing by registered email he would at least consider it before taking any legal action he would consider it.

But the Lawyer will take 1/3 of any settlement if he sue's so what is it really worth, probably not much really. So a Set of tires and rims is probably a great deal. He can get fancy rims and really good tires that way.

the other thing is a lawsuit may take years to settle. I have been waiting 2 years for a lawsuit to settle and I still do not know when it will or for how much. Lawsuits are risky. If he takes a fair settlement he would probably be better off.

The video tape can be distroyed as well unless the police have taken possesion of it. But he could also press assualt charges and ask the police to get a copy of the tape.

I would get some good tires and rims, that is my recomendation.

Answer 3

What were the actual damages? Besides a welt and a bruise, did he go to a hospital? Did he see a doctor? There were no monetary losses to your brother so be happy that the higher ups are offering something. He could go to court and ask for more, but would the difference be worth the trouble? Have the store make the first offer and go up from there. And make sure the employee is fired.

Answer 4

It seems that your brother was treated very poorly but not seriously injured. That's a good thing, right? As for compensation, he should think about what it's really worth to him. Remember, if you get TOO greedy, the store may refuse to pay anything forcing your brother to hire an attorney to get any recovery. Remind your brother to carefully read any document he's asked to sign. Better yet, ask that the document be sent via mail so he can take his time with it and/or have an attorney review it.

Answer 5

I think he should get a lawyer and get as much as he can. The employee in the store has a responsibility to be professional even when a customer may not be acting his best.
He really should go to a chiropractor or a doctor. There could be an injury that could show up later. May even be some pain in another area that he does not think is associated.
He should get money for pain and suffering and any physical injury.

Answer 6

Tell your brother .. Don't sell out, take this to an attorney asap. Also, your brother should file a police report against the employee for assault/battery. He should then contact the prosecuting attorneys office and follow through with the charges. Good luck to your brother.. and I hope his holidays turned out better than they had started.

Answer 7

I'm surprised the police haven't arrested the employee for assault unless it was not reported

i supposed you can gET a lawyer involved but remember if you win they get at least 33 percent of the award and sometimes more- get all info before hiring an attorney -
good luck

Answer 8

You have the right to leave, but you do not have the right to that job. The company can make the job conditional on following the orders of the manager. In fact, without that condition the company would rapidly go bankrupt. if the manager wants you to spend the day sitting in the office, and you decline that assignment, then the management is quite right to fire you. Furthermore, you do not get the ability to decide for yourself which directions of management make sense, which ones you will follow. This is the benefit of a union, to avoid arbitrary and nreasonable decisions. Absent a contract of your own or through a union, you are subject to whatever orders the management issues.

Answer 9

Your brother needs to take responsibility for not following the rules. The company has to take out extra insurance for people like your borther and they pass the cost on down to the consumers.

He should have obeyed the Manager no matter how inconvenient it is.

Now you and your brother see the consequences of his actions and why you as a customer are not allowed in the work area.

This is the reason your brother got hurt, it is a dangerous place and he did not listen to the manager.

He got what he deserved and he should take the blame for it, apologize to the manager and the managers boss, the company, the lawyers and ask for nothing and go on living his life.

Lesson: Stay out of restricted areas, show respect for authority and take personal responsibility.

Answer 10

Unfortunately, this guy was having a really bad day & it looks like he took it out on your brother. I've been known to snap at the wrong people before myself, but that is no excuse & should not go unpunished. But if I were him I'd think of putting the shoe on the other foot before he decides what the compensation should be... What ever he can "live with" will be enough. Too many times we want to SUE SUE SUE before we actually think with the morals and standards we should have, had we had a bad day ourselves...