What are my options regarding a personal injury that I suffered due to a store’s negligence?

UPDATED: Sep 30, 2022

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What are my options regarding a personal injury that I suffered due to a store’s negligence?

A grocery store employee added my rental return papers to customers who did not

return their rental; the result was that there was a warrant out for my arrest. Now, the charges were dropped due to the store mishandling of paperwork but my name is still on the warrant list and will cost to have my name expunged. I have also been personally injured due to the stress the store negligence.

Asked on December 22, 2016 under Personal Injury, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can potentially sue them for the cost of the expungement, since that is a monetary cost foreseeably (or logically) connected to and resulting from the store's negligent or carelessness in mishandling your papers. However, you will not be able to recover compensation for your stress: you can only recover compensation for emotional distress when the harm is deliberately inflicted (e.g. stalking, harassment, bullying, etc.), not when it results from carelessness or negligence.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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