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Pepper spray case

Discussion in 'Accidents, Injuries, Negligence' started by Lasvegasproblem, Mar 12, 2022.

  1. Lasvegasproblem

    Lasvegasproblem Law Topic Starter New Member

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    Jurisdiction:
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    On feb 07,2022 I was sitting in my car at the parking lot at a local business with security guard on premisses. It was a normal day with very few cars in the parking lot. I was waiting for my sons friends so that i can take them shopping at the gift shop. The security guard on premises approached me and i opened the drivers side door to ask what he needed. I opened the door because the window doesn't roll down. My 15 y/o son was in the passenger seat during the incident. The security guard asked what i was doing there and i replied that i was waiting for my sons friends so that we can go shopping for souvenirs. He said i had to go. I tried to explain that i wasnt doing anything wrong but he insisted i had to go. I turned to him and said, "Ok i'll go but you are and asshole". As soon as i said that he took out his pepper spray and sprayed me in my eyes around 4 times. At this time i was still sitting in the drivers seat of my car. He was about 3 to 4 feet from the door. My eyes started burning immediately so i stepped out of the car. I could see him continuing to spray me through the corner of my eye and walking towards me. I took a step towards him as he continued to spray me, and i kicked him and punched him in the face. I then tried to walk and i fell to the floor. During this time i could see him trying to kick me and shaking the can of spray attempting to empty the can on me. I told my son to call the police. When the police arrived i told the police what happened and they gave me and the agresor a citation. We both have to appear in court. Question: can i Sue the business for his negligence and for his behavior? My son went to see a therapist a few days after the incident and was diagnosed with traumatic disorder due to the incident and put on prozac.
     
  2. army judge

    army judge Super Moderator

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    Here's your problem.

    It'll be your word against his word.

    The fact that he had to spray near the minor child to get you, MIGHT help you, along with the child's recollection.

    Oh my, he'll probably claim you committed battery on him, which ratcheted up the crazy!!!!

    The police ONLY know what was said by you and the other party.

    You have a witness, the minor child and you.

    I suggest you meet with four criminal defense or civil rights attorneys.

    The first visit is normally at no cost to you.

    You'll see how interested the attorneys appear to be, and if you could pursue the matter further.

    Normally, insults and profanity can't be used alone to arrest a person.

    You might be able to gain the interest of an attorney, especially with the trauma caused to the child.

    You've got nothing to lose, and maybe much to gain.

    You also need to discuss the citation, and see what the attorneys say about defending you in that matter.

    Again, the child could be a valuable witness, as long as he can recite details of the incident.

    Good luck, keep us posted as the story develops.

    The cops ONLY know what he said, and you said.

    Your child might be the winner you require.

    The child is an eyewitness to everything.
     
    Red Kayak likes this.
  3. Lasvegasproblem

    Lasvegasproblem Law Topic Starter New Member

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    My son wrote a report seperated from me within a few minutes after the cops came. According to the investigator who issues the security guard cards in NV, the property is not within his jurisdiction, but he read the reports and told me that my sons written report was "dead on" as far as how the incident ensued. We had no time to get together and recite the events so i would think that if his report coincides with mine it should be a powerful evidence
     
  4. army judge

    army judge Super Moderator

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    I agree, your child told the truth as he saw and heard it.

    See those lawyers, ASAP.

    I suspect you might turn this into a lucky legal jackpot, plus you'll probably be acquitted of the charge on the citation.

    It now appears you're the victim of an overzealous, security guard trying to pretend he's the real police!!!
     
  5. Lasvegasproblem

    Lasvegasproblem Law Topic Starter New Member

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    which lawyer or lawyer's would i see? Another thing is that i Immediately within 3 or 4 days sent a letter to the property "intent to sue". so that they dont erase the video footage. If they feel that he was innocent why would they erase the video, if they erased it? the video will show that he attacked me and i was only defending myself. There is plenty of cameras on the property. I also called the place the next day and told them i was intending on suing.
     
  6. army judge

    army judge Super Moderator

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    It wasn't wise to tip your hand.

    See any criminal defense and/or civil rights lawyer.

    Telling someone you plan to sue them, is a sure fire way for MYSTERIOUS things to occur.

    Only speak to the lawyers, and hire the one you think can best help you.

    Ask friends, coworkers, relatives for recommendations.

    Do your own research and speak to at least three, then choose one.



    Best Las Vegas Criminal Defense Lawyers & Law Firms - Nevada | FindLaw



    Las Vegas Civil Rights Lawyers | Compare Top Rated Nevada Attorneys | Justia
     
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  7. stealthy1

    stealthy1 Active Member

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    People who know people are excellent sources. Realtors, doctors, dentists, vets - mechanics, handymen are also excellent. I prefer to stay away from family, friends, coworkers - they don't need to know my business.
     
    army judge, Red Kayak and justblue like this.
  8. adjusterjack

    adjusterjack Super Moderator

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    Yeah, right, that was a good idea. (Not.)

    The investigator didn't see the incident. His testimony (if he appears at all) may be ruled as hearsay and inadmissible.

    Not really. Your son's perception is biased in favor of you and might not be given as much credence as the guard's perception of you as an aggressor.

    The video might be interpreted as showing the reverse.

    You'd better hire a lawyer to handle that for you. If you don't beat that citation, you might have nothing to sue for.

    You need to understand that this could go either way.
     
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