Comments on: Civil Assault and Battery in Plain Language

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Wed, 05 May 2010 04:35:30 +0000

In California, a store or business has been held liable for the criminal acts of its employees that were done during the course and scope of their employment. This is called the doctrine of respondeat superior.

I say that you should pursue a case against the store. Why don't you call me today at 800-816-1529 x. 1 so that we can discuss the case.

Norman Gregory Fernandez, Esq.
Attorney at Law

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Mon, 16 Nov 2009 18:26:49 +0000

A personal injury attorney.

Norm
http://www.thepersonalinjury.com

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Mon, 16 Nov 2009 16:14:53 +0000

Well Karen I can only speak to California law and/or Federal law since I am a California attorney. Pursuant to California law this would not only be a civil assault, but possibly a false imprisonment. (kept your son to a bounded area and or created a reasonable belief that he could not leave)

However, you there are privileges in certain circumstances whereby a person may not be liable for the assault. In California there is a law enforcement privilege, and a shopkeepers privilege for an example. Law enforcement can use reasonable force to effect an arrest. Shopkeepers can use reasonable force to detain in cases of suspected shoplifting.

In the case of your son, it sounds to me like the security guard may have overstepped his bounds.

Norm

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Sun, 15 Nov 2009 16:50:49 +0000

Richard, per California law, I would say that you are the victim of a battery. Unfortunately, I can only help you at this point if this was a California or Federal case because I am a California attorney. Since this incident if not a California case, I cannot provide assistance.

I suggest that you contact a personal injury attorney in your State ASAP for assistance.

Norm

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Sat, 23 Aug 2008 18:32:59 +0000

Betty Ann send me an email at norman@norman-law.com . I have plenty of friends in the American Bar Association and I am sure I may be able to find you a good attorney in Orlando, Florida.

Norm

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Wed, 18 Jun 2008 01:47:04 +0000

Thanks,

Norm

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By: Betty ann

Betty ann — Tue, 30 Nov -0001 00:00:00 +0000

My daughter was hit in the face by a drunk student this 2AM in the morning in a parking lot at a local bar at University of Central Florida in Orland, Florida. She went to the doctors this AM and they took X-rays and she has a broken tooth a swollen jaw. He was arrested and I can’t get the records until Monday. What should I do in the meantime? I know you are from CA. but I need a good lawyer for Orlando, Florida to handle this. Thank you.

By: Law Blogger

Law Blogger — Tue, 30 Nov -0001 00:00:00 +0000

Excellent eye opening article on how to get civil tort legal assistance. Some additional real life examples could further enhance its value for the readers.

By: RIchard

RIchard — Tue, 30 Nov -0001 00:00:00 +0000

Good afternoon,

I was the victim of a battery on NOv. 15th 2009. I was sucker punched in the face while DRIVING my car. I was flash ko'ed for a few seconds, resulting in my car going over the curb. I was pulled out of the car and thrown to the ground backwards, hitting my head on a curb, resulting in a deep laceration on my head. As I was trying to get to my feet, I was kicked repeatedly in my head and ribs. I made it back in my car and took off to the E.R.
I called the police from the hospital and the person was arrested for battery.My injuries include: 5 staples in my skull to close the wound from the curb, a fractured nose, two black eyes and a deep fingernail gouge on my cheek. I also have multiple cuts and bruises.

Other personal identifying info edited out.

By: Karen(Georgia)

Karen(Georgia) — Tue, 30 Nov -0001 00:00:00 +0000

My son was at a local mall and was waiting on his girlfriend when a security guard who likes to hassle the kids,told my son & his friends to leave .my son & his friends complied and was leaving,my son made a comment to his friend,which the guard heard and became hostile and got into my son’s face and kept stepping into my son’s path preventing him from leaving and then threaten to have him arrested for trespassing. He then banned my son indefinate. I understand malls are private property but this guards behavior was totally uncalled for and i’ve already complained to management to no avail. Would this fall under the catagory for civil assault?

By: Karen(Georgia)

Karen(Georgia) — Tue, 30 Nov -0001 00:00:00 +0000

I just wanted to thank you for answering my question so quickly. I wanted to ask what type of attorney would I need to consult with?

By: Ed

Ed — Tue, 30 Nov -0001 00:00:00 +0000

My son (13 yrs old) was in a Cal. mall. He arrived too late at a mall store. Mgr (33 yrs old) tells him & friend, store is closed. My son murmured “F—” to himself and walked away. Mgr of store stops what he is doing,opens gate,hurriedly catches up to my son,grabs his shirt at rt. shoulder asks him what he said, my son says nothing, then mgr punches my son’s rt eye & returns to store. Police report taken,Mgr charged, son is taken to hospital and released. Mgr’s boss states that store is not liable for med. bill because mgr was off clock. We and PD viewed mgr exit store,punch son and return. Who is liable/what recorses do we have?