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Can I sue as a bystander Negligence, Other Injury

Discussion in 'Accidents, Injuries, Negligence' started by misspen, Jan 18, 2014.

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  1. misspen

    misspen Law Topic Starter New Member

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    I was shopping at a (deleted) store in Rhode Island. When I was loading my groceries into the car I noticed a van parked at an angle revving its engine approximately 2/10th of a mile away. I didn't think too much about it. A few minutes later the van intentionally accelerated and drove directly into the wall of the store. I was not hurt. Can I sue for damages? Supposedly the van was driving erratically prior to the incident. Is the store negligent? Also the driver age 18 is expected to be criminally charged and was under the influence at the time. Thanks for your help
     
    Last edited by a moderator: Jan 18, 2014
  2. Proserpina

    Proserpina Moderator

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    No.

    (That's the very simple answer)
     
  3. misspen

    misspen Law Topic Starter New Member

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    Thank you. Just wanted to know.
     
  4. Betty3

    Betty3 Super Moderator

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    I don't know what you would have sued for - Proserpina is correct.
     
  5. army judge

    army judge Super Moderator

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    You can sue.

    You won't win, because you have no damages.
     
  6. disagreeable

    disagreeable Well-Known Member

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    Check and see if any staff member had ESP. If a staff member had ESP, you could argue he should have known in his minds eye that a drunk idiot was in the parking lot and you would find it distressful.
     
  7. cbg

    cbg Super Moderator

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    I am utterly astounded that this OP would even IMAGINE that he had grounds to sue, given the fact pattern he himself has provided.
     
  8. Betty3

    Betty3 Super Moderator

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    OP almost sounds like an "ambulance chaser" - going around hoping to be in a place where an accident happens & wants to sue because they were close by & could have been injured (had damages). Problem is OP was not injured & had no damages. OP isn't going to get money for something that might have happened.
     
  9. misspen

    misspen Law Topic Starter New Member

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    Hi

    Thanks for your help. I was just curious if I had a case or not. Now I understand that I need something to claim damages against. I am not an ambulance chaser and have never been involved in any lawsuit. Just a middle aged woman who was grocery shopping. There was a certain amount of horror attached to being made to witness an intoxicated individual slam his van into a building at 60 miles an hour. Especially after realizing he hit an area that I had been shopping in 15 minutes earlier. In addition, I know some of the employees and I was also concerned he may have hurt others. I am not traumatized for life but I was definitely shook up.

    The esp comment is funny and I see what you are saying. If someone drove erratically in the parking lot for 5-10 minutes prior to acting irrationally I do not think the employees would have given it much thought. If he was driving erratically in the parking lot for 30 minutes perhaps someone should have said something as that behavior seems rather reckless in my opinion.

    Again I appreciate your time and your advice. This is the first time I was ever involved in something like this and was just curious if I had any legal recourse.
     
  10. Betty3

    Betty3 Super Moderator

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    Ok. I think you understand now you had to have damages to have something to sue for.
     

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