Going to a gas station is normally a straightforward process, whether you need to fuel up your car, use the restroom, or pick up snacks at the convenience store. The idea of being assaulted is far from most people’s minds when they are at a gas station. However, lack of security is often responsible for dangerous incidents, like physical and sexual assault. People can also be sexually abused or beaten up by a violent gas station employee.
If were attacked at a gas station, you may be entitled to monetary damages from the business owner. However, there are questions that need to ae answered before you can go ahead with an assault and battery claim. These include:
- Can I sue the gas station owner if I was assaulted on their property?
- Are they liable for my injuries if I was attacked by one of their employees?
- What kind of payments can I recover from a gas station assault and battery lawsuit?
The personal injury lawyers of Normandie are ready to fight for you and the compensation you deserve. Our legal team has decades of experience in lawsuits against gas stations, including major gas station operators in California, such as Unical, 76, Chevron, Shell Oil, Mobile, and Arco. Simply contact our office and schedule a free case review to learn about your rights and legal options.
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Gas Station Owner Liability for Assault and Battery
As someone that was assaulted at a gas station, it’s important to examine the exact cause of the incident, as it will help you determine who you can go after in a lawsuit. For the most part, people are assaulted at gas stations due to inadequate security, like failing to use bright lights, not fixing broken surveillance cameras, and failing to equip bathroom doors with strong and sturdy locks. These are critical issues that put people’s lives at risk, but some business owners care more about keeping profits high rather than spending money to secure the property.
If security breaches at a gas station caused you to be assaulted, either physically or sexually, you have the right to sue the business for monetary damages like pain and suffering, medical expenses, and emotional distress.
Are They Responsible if One of the Employees Assaulted Me?
Yes, there are situations where a gas station owner may be sued for injuries caused by one of their workers. Many owners of gas stations are not as careful when it comes to hiring practices or taking customer complaints seriously. Thus, it’s more than possible that a problematic employee is kept on the payroll, even though there are serious allegations against them. Here are examples of circumstances where the owner of a gas station can be sued for assault and battery by a staff member:
- Hiring someone without a thorough background check, asking for references, etc.
- Finding out that the applicant has a history of violence and still choosing to hiring them
- Falling to take complaints about the employee seriously regarding aggressive behavior, inappropriate conduct, etc.
- Not enforcing punitive actions against employees, like suspension, docking their pay, or firing them for misconduct against customers and/or other workers at the gas station
- Not calling the police when a customer reports that they were assaulted or threatened by an employee
Keep in mind that these are not the only issues that can serve as grounds for a lawsuit against the employer. For a free case evaluation with a California assault and battery lawyer, contact us today.
How Long Do I have to File an Assault and Battery Lawsuit?
Victims of a physical assault have a period of 2 years starting from the incident date to file a lawsuit. There are a few circumstances where the statute of limitations may be tolled, meaning you will have more time to prepare and file a compensation claim. However, most people will not meet the court’s requirements to waive the deadline for a gas station assault and battery lawsuit. That means you will lose the right to sue the gas station for monetary damages based on the fact that you did not file a claim within the required timeframe.
Our lawyers are standing by to assist you if you were assaulted at a gas station due to negligence by the business owner or one of their employees. Simply give us a call to begin the process for an injury claim with one of our legal experts.
Deadline to Sue for Assault at a Gas Station
Adult victims, meaning those who are 18 years or older, have 10 years from when they were assaulted if they wish to file a lawsuit against the gas station. If you were a minor, California’s child sex abuse laws provide 22 years to file a lawsuit, starting from when you turn 18. In essence, the day you turn 40 is the deadline to sue for sexual assault before the age of adulthood.
Those who were sexually abused as children also have 5 years from the date of discovery to file a lawsuit. The discovery rule has to do with a delayed discovery of physical, mental, or emotional injuries from a traumatic event, like sexual assault. For many children, repression is a natural reaction to being assaulted, and the cycle of running from these painful memories can lead to mental health issues that significantly disrupt their lives. Some of these individuals do not connect their psychological problems with being sexually assaulted until they are much older. No matter how old you are on the day of discovery, you have a window of 5 years to file a claim for child sexual assault.
If any of this information is confusing, don’t worry. We have a team of gas station sexual assault lawyers who are ready to answer all your questions during a free, private consultation.
Zero Fee Guarantee from Day One
By contacting our law firm, you can receive free legal services from a gas station assault and battery lawyer. We have a Zero Fee Guarantee system that charges all legal fees to the negligent party. As a result, our payment is dependent on winning your lawsuit and recovering your monetary losses. If we fail to bring you payment from an assault and battery or sexual assault lawsuit, you owe us $0 in legal fees.
As you can see, there is nothing to lose by reaching out to us and finding out about the legal actions that are available to you. Please take a moment to contact us if you were assaulted due to lack of security or employee misconduct at a gas station.
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