To call this an assault?

[trustyrustie]

I was shopping in one of those supermarkets, that isn’t actually a supermarket but sells all the stuff that you know that you don’t know you need until you walk in today. When I finished, I approached the till area. There were a few tills with one woman on one till. the other tills were empty. I joined the queue for the till and there were three or four people ahead of me.

I had a trolley with two items in it, and I was holding the trolley with both hands. At some point the cashier left her position at the till to walk towards the customer services desk and look at two ladies working there. I didn’t realise she had done this until she yelled over aggressively to them “I’m sending some customers down to you because I’ve got plenty of them here” or words to that effect.

Without me expecting it she then aggressively physically pushed my trolley while I still had hold of it with both hands so that it spun 45° to the right in the direction of the customer services desk. My arms were pulled and my body was spun around as it went. She then turned around and went back to her till.

I think this was an assault.

I was shocked and upset… A few people that I know agree with me, and a few don’t

AIBU?

I’m getting ‘where there’s blame, there’s a claim’ vibes.

Call up one of the magical MN solicitors who offer free 1 hour consultations…

She didn't assault you but her behaviour was unacceptable. Did you mention it to the people who served you?

Assault is that you think you are going to be hit/touched.

Battery is where you are touched.

It doesn't have to be hurtful (an illegal cut of hair counted in one case)

And I think can be indirect -ie they touch something to touch you.

But that's a legal answer. I am not suggesting reporting to the police. More what I'd argue in a criminal law exam question.

no, I didn’t say anything to her because I was no longer facing in her direction

I never want this thread to end.

Don't laugh... she was spun 45 DEGREES!!

Why on earth were you gripping the trolley so hard with two straightened arms?
I can't quite picture it.
And 45° isn't reply far to turn... let alone disorientate you...

45 degrees!!!!!!! No way. Oh my goodness. Are you ok? Do you need an ice pack?

Bloody hell.

Anyone else really want to see the store CCTV footage of this?? 🤣

You are being absolutely ridiculous and this is very offensive to those who have actually been victims of assault.

Build some resilience.

So,.some serious (I am not a lawyer (IANAL)) googling later:

Common assault is defined as a person experiencing or apprehending (believing they will imminently experience) unlawful violence against them. (Ref 1)

It requires an act (rather than just a failure to act) which is met here. (1 again)

Unlawful in this case means without a defence i.e. chastising a child (!), consent, or self defense. (1 again)

Note (and this is where things might get sticky) that case law says "Most of the physical contacts of ordinary life are not actionable because they are impliedly consented to by all who move in society and so expose themselves to the risk of bodily contact: Collins v Wilcock [1984] 1 WLR 1172." however one could probably argue this doesn't apply. (Still 1)

Violence appears to cover the most minimal definition of battery (i.e. no one has to be injured), and doesn't have to be direct - the application of unlawful force. (Ref 2) So I think it would fit this.

So overall it probably does fit the definition of common assault based on my IANAL googling.

Ref 1 - https://www.cps.gov.uk/legal-guidance/offences-against-person-incorporating-charging-standard

Ref 2 - https://e-lawresources.co.uk/Battery.php

Who grips their shopping trolley tightly, with both hands, while standing in a queue?

(meant to put into the above that I'm not sure what benefit it is or isn't to you if it meets common assault definitions above)

I never want this thread to end.
Same, so lovely after some of the horrible threads recently!

OP sounds off her trolley if you ask me 🤣

She's not off her trolley - she's very attached to it

Legend has it she's still spinning...

Upset and disoriented from your trolley being shoved? I'm glad I don't work in retail, someone is going to have to try to keep a straight face when this complaint comes in.

😂

😝

She moved your trolley 45 degrees. How is that disorienting?

She moved your trolley. That’s not violence. It’s not violence against you.

Not assault.

It's very rude. By all means make a complaint in store. It's unprofessional for sure.

@Isengard my trolley wasn’t shoved, it was intentionally grabbed and spun hard and fast when I was stationary. I was not expecting what you would if you were going up and down the aisles.

Absolutely this. It makes a mockery of those who have genuinely been assaulted

@ProfessorXtra because I also span with it as I was gripping it at the time, like I said in my post