Can we sue the gas station where my wife was carjacked?

Lawsuits And Disputes 4 views 3 answers
She was pumping gas at broad daylight, she had the keys in her hand, and the thief came from behind and assaulted her and forced the keys from her hand, she struggled with him to keep him from taking the keys, but ultimately he won out. She fell to the ground, and he took off with the car. This led to a police chase into the next town, where he lost control of the car and crashed into some shrubs in front of a house. The undercarriage was destroyed and the car was a total loss. Luckily, our insurance will cover the loss. During her struggle, no one did anything to help, till after it was too late, and there were plenty of people around. Not even the employees of the gas station helped. I was considering filing a suit against the gas station, but wanted to know if we even have a case.

Attorney Answers

3
John Ralls ·
The employees and bystanders had no legal duty to help your wife. The only way that you could prevail in court is to present evidence convincing the court that the gas station had a duty to provide a safe and secure environment for their customers similar to an "innkeeper" standard.
0 upvotes
Alan Brinkmeier ·
ON these facts I do not believe that any employee had the legal duty to get into the fight. Whether hired security was on premises and failed to act is unknown You might hire an attorney to check into that detail for you Good luck
0 upvotes
Walter A. Shalvoy Jr.Criminal Defense AttorneyNewtown, CT ·
Based upon your description, the employees and bystanders had no legal duty to help your wife. It is my opinion that you would not prevail in court with this claim against the gas station.
0 upvotes

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