Legal Question in Personal Injury in California

Illegal Use of Pepperspray?

My ex and I got into a VERBAL altercation over the weekend. The security guard came up to us screaming and calling us "B's" and saying "F you". As we were walking out, my ex boyfriend yelled at me from his patio and I ended up turning and running back towards him, the security guard chased me and peppersprayed me. Not knowing much about this, I looked into the laws and it seems that the only reason to spray is a physical threat of violence towards him or others and neither of those fit the bill. I believe he was just "angry" because I wasn't following his exact commands. I am 5'1, 130 lbs, had no weapons on me and never made a physical threat or action the entire duration of the event, at ALL, everything was VERBAL. I have four witnesses to attest to this as well.

Is there any action I can take against this company?

Asked on 8/05/13, 9:10 am

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1 Answer from Attorneys

Jason A. Richman Jason A. Richman, Esq.

I do not know the specific CA laws applicable to pepper spray, but in CA and every other jurisdiction, the damages documentably suffered are the prime factor in determining the amount a money collectible through a lawsuit. This being the case, unless certain specific factors are present in your situation, it is unlikely that any potential suit would be financially viable.

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Answered on 8/05/13, 2:56 pm

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