If you wish to claim compensation for a shop assault then contact us for a free case assessment and details of No Win, No Fee funding of your claim.
Our client was the victim of a shop assault by a security guard employed by the store.
He had been carrying out some essential work at home and made a “click and collect” order online. He then went to the store to collect his items. As this was during the Covid-19 pandemic, face coverings were required to be worn in the store unless the person was exempt.
Our client was waiting in the queue for the “click and collect” point wearing his face mask when he fell into conversation with a security guard employed by the store. He asked the security guard whether he found it difficult to enforce the rule about face coverings and said that he had a relative in a similar line of work who had experienced some difficulties.
The guard seemed to mishear or misunderstand what our client had said and reacted angrily. Our client explained that he had not intended to offend and tried to calm the guard. However the guard launched himself at our client, wrestling him to the ground and assaulting him. He had to be pulled off by other staff members.
Our client was understandably very shaken. He had grazes and bruises and also hurt his toe as he was knocked to the ground. He reported the incident to the store manager and the police were involved.
He then contacted us to find out whether he would be able to bring a claim for compensation. We considered the circumstances and were able to agree to deal with his claim on a No Win, No Fee basis.
It is a well established principle of English law that an employer is liable for whatever their employees do during the course of their employment, even if the employer could not have anticipated the particular act in question. We therefore submitted a claim to the shop, holding the company responsible for the assault.
After a period of investigation the company accepted legal responsibility for the shop attack and made an offer of £1,000 to settle the claim without the need to obtain medical evidence.
Fortunately our client had made a very good recovery and was confident that he would have no ongoing ill effects. However, we advised him to reject the offer negotiated with the insurers, ultimately recovering £2,500 compensation which our client was very pleased with.