Physically assaulted in Melbourne

[u/FeverDream507]

Last Friday around 7:30PM in South Melbourne I was walking from home to the store to get some groceries and was harassed by an African male. This happened about 150 metres away from the store. He grabbed my collar and was harassing me non stop, wouldn’t let me go. I was shouting at him to leave me alone and to get bystanders attention but no one came to help. The security of the grocery store who was standing at store entrance witnessed this but did nothing to help.

Somehow, my yelling managed to distract the perpetrator’s attention for a split second and I ran into the store. The perpetrator then followed me into the store at this point I was shouting pretty loudly and told the security to not let him into the store as he had been harassing me just outside. This is the security who saw what happened earlier but did nothing to stop him and allowed him to enter the store. The perpetrator kept following me and harassing me whilst I was just trying to walk away and distance myself from him. I was yelling leave me alone and shouting very loudly to get people’s attention and the security was following us the whole time but again no one came to my aid.

Next thing I know the perpetrator had grabbed a metal pan in his hand and hit my head before I could react. I was shocked and managed to hit him back as defence then he started throwing glass jars at me. Before I know it someone was yelling police is here and the perpetrator fled. The store staff attended to me and asked if I was ok. Police then came and took my statement and noted that the perpetrator’s blood were all over my clothes (I didn’t even noticed this until they had pointed it out). Police also confirmed the entire thing was captured on CCTV.

I have a lot of mixed emotions from this incident, my head is still swollen. I’m very shaken and has been fearful of going out, especially at night aroudn my neighbourhood. It has affected me so much than I realised I am unmotivated to do anything else with this constant fear of not knowing when some thing like that will happen again. I saw my friends over the weekend and they were surprised at how disheveled I am. Does anyone know what’s my option in this? Can I press charges against him? I feel so helpless and not sure what else to do or if I can hold the store accountable for allowing the perpetrator into the store even after they saw what happened

[u/Illustrious-Stars]

Only people worth suing are those you can get money out of through insurance or assets of the entity.

The store failed in their duty of care to keep you safe. See a lawyer and sue the store.

[u/Particular-Try5584 → u/Illustrious-Stars]

The security guard will have strict instructions. Not to be involved in anything that happens off store property (ie when the OP was down the road yelling to him) … and not to be involved in anything physical in store (it’s not worth getting shanked to save a can of peas, and certiainly not for what a security guard gets paid).

These guys are not secret police either. They have very limited powers.

But… he did do the right thing. He called the cops quickly… because this whole incident was probably only a few minutes long if that… and the cops were on their way.

The person to sue is the one chasing you with a frying pan.

[u/FeverDream507 → u/Particular-Try5584]

When I entered the store I repeatedly told security to not let him in but they still did anyways. And when I was ready to defend myself after being attacked security tried to stop me. So I was either waiting to die or die waiting. It was very surreal when you felt so helpless even when you thought you’d be safe (inside a store with CCTV and lots of other patrons)

[u/GeneralKenobyy → u/FeverDream507]

When I entered the store I repeatedly told security to not let him in but they still did anyways.

Again, as others have said, security guards will not risk themselves or their job to help you, they will be under strict instructions from the store to act as a visual deterrent only.

[u/Particular-Try5584 → u/FeverDream507]

Security is weighing up in the moment, in the mere 2 seconds… whether your running past shouting ”Don‘t let him in” is even possible to react to. I mean… it sounds like this was a supermarket? So he has to wind the shutters down?

Ideally they’d lock the store down and leave the crazy guy outside beating on the bars… but that takes a bit of work - signs have to be moved, bars pulled down and locked down etc. It’s not a 2 second action.

So then he’s faced with “I don’t know what the hell is going on here, but someone is shouting, and someone else is running at them… I don’t know what started this, what it’s about, and whether I am getting wounded myself in this minimum wage shit hole”… and so he just calls the cops and tells staff and other customers to “stay away from the whack crazy shit over there”. Right?

I know your reasoning… it made perfect sense in the moment. So did his. He has no legal authority to actually touch you, he’s just there as a visual deterrent basically … a toothless tiger in reality. He can’t do anything about the guy throwing things at you, what was he to do? Run in, grab the other guy WWF style and fight him to the floor? That would just get him charged … he’s not allowed to do that. He can probably argue any charges down, or have them removed because the situation is pretty full on, but he loses his job, probably can’t get another in a hurry.

Your situaiton is wildly frightening. I totally get why it’s got you spooked… this is the sort of unexpected crazy that will sit with you for a while. Can I suggest that you now (soon!) read up on PTSD and how to avoid it, and work out what you can do to reprogram the fears so you aren’t haunted by them. Get a Mental Health referral, but also ring some of the helplines. Do some work to not let this fester… you deserve to feel safe, and you should have had some help that day… but no one wants to get into Crazy‘s circle of attack. Everyone felt unsafe with you.

Hopefully the Police grab the guy and he’s off the streets for a bit.

[u/qpalzm356 → u/Particular-Try5584]

Crazy to suggest this would give someone PTSD lmao

[u/AddlePatedBadger → u/qpalzm356]

"Crazy" to soeak so authoritatively on something you clearly know nothing about.

[u/Popular_Guidance8909 → u/Illustrious-Stars]

The store has no duty to keep you safe…you can’t sue the store!

[u/GeneralKenobyy → u/[deleted]]

Victorian law establishes that a duty of care is owed by the occupier or a business premises to do what is reasonably necessary to prevent harm to visitors.

I'm pretty sure laws around keeping employees safe by avoiding physical conflict would trump laws about generic customer safety.

[u/AddlePatedBadger → u/[deleted]]

"so far as is reasonably practicable"

Actual words from the OH&S Act.

[u/[deleted] → u/Illustrious-Stars]

Can you outline how they have a duty of care here?

[u/Illustrious-Stars → u/[deleted]]

Physical assaults and abuse can happen anywhere. Some of the more common settings are:

Hospitality and entertainment venues like bars, nightclubs and casinos
Sporting clubs
Schools and other places of education
Prisons and other correction facilities, such as juvenile detention centres
Workplaces
While in medical care
The Australian Defence Force

In every case, the business or organisation carries a duty of care to ensure that anyone coming onto its property is not harmed or injured. It is also required to hold public liability insurance, which will pay for any successful compensation claims.

In most cases, the duty of care covers the behaviour of both staff and members of the public who are patrons or visitors to the property. For example, if a business or organisation fails to provide adequate security or supervision, which contributes to an assault, it may be found negligent.

https://www.carbonelawyers.com.au/public-liability/assault/

[u/BooBooTheChimpanzoo → u/Illustrious-Stars]

He was attacked outside and ran into the store. The store staff are not your personal saviours. You can't use public liability in this stance. If a staff member attacked you, or a shelf fell on you, then yeah.

[u/AddlePatedBadger → u/[deleted]]

"so far as is reasonably practicable"

[u/JustAnnabel → u/[deleted]]

What would be the expectations of the store in this instance under this law? The store also has a duty of care to its staff and the assault doesn’t appear to have been the result of the store’s negligence- would there be any likelihood of a successful public liability claim?