Legal Question in Personal Injury in California

Will I be sued?

Work as a cashier in Retail store. Few days ago I was working and had some sharp pain in the right leg, couldn't hold myself , fall but there was customer standing in the store so drag the customer down with me to the floor. I am ok but the poor customer broke his leg. Will I be sued ? I am so scared . Barely make any money. Please help.


Asked on 2/11/03, 1:48 am

5 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Will I be sued?

Your actions were involuntary. That should be enough to prevent you from being liable.

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Answered on 2/11/03, 9:11 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Will I be sued?

Thanks for your posting, and I am sorry to hear about your accident.

There are several factors in your question that make it difficult to state "yes" or "no" to a question like yours. The willingness of the person you fell on to sue is one factor, as well as whether or not this had happened to you at work before, which may go to your negligence or the store's negligence, if any.

I would tend to suspect that any attorney would want to go after the deep pockets, i.e., the store, instead of you personally, although you could still be sued individually to get at the store.

If you have no assets to go after, you may be "judgment proof", meaning that any judgment against you could be meaningless. Have you also considered bankruptcy?

I hope this answer helps you, but if you have other questions, or want more information, or even feel you need legal representation, I'd be happy to help you in any way I can. Please feel free to contact me via email directly at [email protected].

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Answered on 2/11/03, 9:25 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Will I be sued?

most likely you will escape liability based on the two following reasons, based on your facts so far: 1) the plaintiff will probably sue the store rather than you personally since the store would be the deep pocket defendant with the money to payout in a lawsuit. and 2) your actions sound involuntary and you cannot be sued unless your actions were voluntary of volitional.

hope this has helped.

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Answered on 2/11/03, 10:01 pm
Steven Kuhn Steven Kuhn

Re: Will I be sued?

Even if you are sued, you were in the course and scope of your employment so your employer has to defend and indemnify you. Sodon't worry.

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Answered on 2/11/03, 10:23 pm
Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Will I be sued?

I see you've gotton other responses so this may be a duplicate. If you were "on the job and in the course of employment", you are covered by your employer if you are negligent in any way and cause injury to a customer. The customer's claim would be against the store-not you personally but even if you were sued as a separate defendant, your employer would provide defense attys for you at no charge and pay any claim settlements. If you are in the Orange County area and have further questions, I'd be glad to give you a free consultation. Sam Eagle 714-963-5123.

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Answered on 2/13/03, 4:03 pm


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