Can a Business Be Liable for an Assault Inside Its Store?

If you were a victim of assault inside a store, it will be important to make sure you have a clear understanding of your legal rights. While the assailant may face criminal charges, a criminal conviction will not result in compensation for your financial and non-financial losses. Instead, to seek the financial compensation you deserve, you must file a lawsuit in civil court. 

But, who do you sue?

If you were the victim of an assault inside a store, you may be able to sue the business. While you can also sue the assailant, as a practical matter, most assailants don’t have the financial resources required to compensate their victims. As a result, victims must often look to other sources of compensation—and businesses in Illinois can be held liable for assaults in their stores on various grounds.

Businesses Can Be Held Liable for Providing Negligent Security

In most cases, seeking to hold a business liable for an assault inside its store involves filing a lawsuit based on negligent security. Under Illinois law, businesses have a legal duty to ensure that their premises are reasonably safe for their customers. This includes providing adequate security. 

What is “adequate” can vary from one store to the next. For example, a gun store in a highly populated area may need to take more security measures than a rural grocery store. All businesses need to make sound decisions based on their specific security risks, and they must not make the mistake of prioritizing their profit margins over their customers’ safety. 

Negligent security claims fall under the umbrella of premises liability law; and, if you suffered an assault inside a store, an experienced premises liability lawyer will be able to assess whether you have grounds to take legal action against the business. If you do, your lawyer will be able to take appropriate legal action on your behalf while working with you to calculate the financial and non-financial damages you are entitled to recover. 

Businesses Can Also Be Held Liable Under Illinois’s Dram Shop Law 

In addition to facing liability based on negligent security, businesses can also be held liable under Illinois’s dram shop law in appropriate cases. 

Illinois’s dram shop law holds businesses liable when they serve alcohol to individuals who become intoxicated and subsequently cause harm to others. While most dram shop cases involve auto accidents, businesses can also be held liable when drunk customers commit assaults on their premises. 

In cases involving assaults on business premises, dram shop claims also fall under the umbrella of premises liability law. Here too, an experienced premises liability lawyer can assess your legal rights and then help you seek just compensation if warranted.  

Important Steps to Take if You Were Assaulted Inside a Store in Illinois 

Regardless of the specific circumstances involved, if you were the victim of an assault inside of a store in Illinois, there are some important steps you should try to take promptly. For example, if you have not done so already, you should:

• Report the Assault to the Police – In all circumstances, assault is a crime under Illinois law. If you suffered an assault inside a store, you should report the assault to the police promptly. 
• Seek Medical Treatment for Your Injuries – You should also promptly seek treatment for your injuries. From concussions to severe lacerations and contusions, assaults can leave victims suffering from various forms of trauma that require professional medical care. 
• Start Keeping Track of Your Out-Of-Pocket Costs – If you have a claim for your assault, it will be up to you to prove your losses. With this in mind, you should start keeping track of your out-of-pocket costs, including your medical expenses and lost earnings. 
• Start Documenting Your Injuries’ Other Effects – Along with keeping track of your out-of-pocket costs, you should start documenting your injuries’ other effects as well. This includes effects such as pain, emotional distress, and loss of enjoyment of life. 
• Schedule a Free Consultation with a Lawyer – Seeking the financial compensation you deserve for your assault will require experienced legal representation. The first step toward hiring a lawyer is to schedule a free consultation.

Speak with a Chicago Premises Liability Lawyer at Coplan + Crane for FREE

If you experienced an assault inside a store, you may have the right to hold the business accountable, not just the person who caused the harm. When a company fails to provide reasonable security or allows dangerous conditions to exist, you should not be left dealing with the consequences on your own.

Coplan + Crane is here to help you take the next step with confidence. Your consultation is free, there is no obligation, and you pay nothing unless we recover compensation for you.
To schedule a FREE consultation at Coplan + Crane, call us at (312) 982-0588 or tell us how we can get in touch online today.