What are my options regarding a personal injury that I suffered due to a store’s negligence?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 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.
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