What are my rights if I was punched in the hand by the manager of farmer’s market where I was a vendor?

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What are my rights if I was punched in the hand by the manager of farmer’s market where I was a vendor?

I do not yet know the full extent of the injury, but it is keeping me from doing the work I have been doing for a period of weeks at minimum. The owners of the business know that this person has been violent in the past and continue to employ her. How can a lawyer help me under these circumstances?

Asked on July 24, 2015 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

First, get a medical diagnosis: without a medical diagnosis confirming some injury that caused disability or impairment, then your testimony that the injury is stopping you from doing the work you have been doing is not enough; you will  not be entitled to any compensation, whether for lost wages, medical bills, or even "pain and suffering" for life impairment, without medical evidence that you have an actual injury which came from being punched.

If there is some injury which as cost you money or impaired your life, you may be able to sue the person who attacked you for compensation. It is very unlikely that you an sue the farmer's market, however: an employer is almost never liable for the criminal acts (and assault is a criminal act) of its employees because such actions are beyond or outside the scope of the employee's employment--employers do not hire people or employ them to break the law or assault people, so it is not the employer's responsibility when they do. So it may be that the only person could sue and recover compensation from is the manager himself. A lawyer can help you do this, if your injury or bills/lost wages are severe enough to make it worthwhile to bring a lawsuit.


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