I'm a cashier.. If I accidentally sell cigs to a minor, could a civil lawsuit be filed against me?

the first time you make a mistake it is an accident. the next time you make the same mistake it is deliberate. once you know something is wrong if you do it again it is on purpose. that is what the lady and your boss are telling you.

don't do it again!

there are criminal considerations for selling to a minor and they very by state in Missouri 1st offense is a warning 2nd offense is a fine 3rd offense the fine doubles most states are similar.

as far as civil cases:

the lady could not sue you, her recourse is to report the store to the local authority. your employers recourse is to discipline you and perhaps to terminate your employment. if they could prove that you deliberately sold to a minor with the intent to get them fined they may be able to seek a judgment against you but it would cost them more then it would be worth. if the parent could prove you deliberately sold to their child with the intent to cause harm they possibly could sue you but very unlikely, again it would cost more then it would be worth. the parent could possibly find a reason to sue the store owner if it could be proved the stores policy was to sell to minors and to purposely not check id, again very hard to do but would be monetarily viable.

the only way for your employer to recoup their loss is through a civil case against you. they can not take your wages except what you make above the minimum wage. under no circumstance can they take your wages for the day below the prevailing minimum wage.

actually in Texas:

§ 161.082. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 18 YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED.

(a) A person commits an offense IF the person, WITH CRIMINAL NEGLIGENCE:

(1) sells, gives, or causes to be sold or given a

cigarette or tobacco product to someone who is younger than 18 years of age; or

(2) sells, gives, or causes to be sold or given a

cigarette or tobacco product to another person who intends to deliver it to someone who is younger than 18 years of age.

(b) If an offense under this section occurs in connection

with a sale by an employee of the owner of a store in which

cigarettes or tobacco products are sold at retail, the employee is criminally responsible for the offense and is subject to prosecution.

(c) An offense under this section is a Class C misdemeanor.

Yes this is all true as a store clerk it is a very important legal matter that you may get into not only can a lawsuit be filed and the company be fine several thousand dollars but you can also be fined more than the company was fine and poss jail time for Contributing to the Delinquency of a minor. Now i am not sure if your boss can force you to his fines

yep, Card all people to be on the safe side (people that you know aren't over thirty). there are some people that are just looking for a law suit to get money. It's a messed up world, but if they are 18, they should have an ID card. My friend that works a gas station, is new to the whole thing also, but there should be thing on the register (or beside it) that an ID card has to be slid through before it will allow the sell to go through-unless you bypassed it. Either way, It's a minimum $1000 fine, per individual, not including what can be done to the business ($5000-$10000). Undercover agents will test you. Good luck! And to be on safe side, ID folks that you are not familiarly acquainted with and know some facts about!

No offense meant, but it's a national law!

Actually, the company probably wouldn't have any choice but to take a hard line. You would see the same thing with the sale of alcohol or beer.

As for the mother, yes, she probably could file a civil action. But that's not the end of the problem. Depending upon the state you're in, a criminal charge is also possible.

in Texas, regardless, if accident or by choice, you will be arrested, jailed, and fired from you job. I don't know if a parent can actually file a lawsuit against you personally, maybe they can. Your boss is probably right, if the company is take to court by the powers that be, you could be held accountable for paying for the company's legal work.

bottom line, when you're in a position like you are in, card everyone. usually, only the young customers will be put out by the question of age ID. The old folks usually chuckle when asked their age regarding being old enough to purchase tobacco and booze.

What are her damages? She needs damages to file a lawsuit. She could call the police though. Selling tobacco to a minor is a criminal matter.

EDIT: Hey I was mistaken. I just stumbled across this from the Restatement of Torts when I was researching another project. It says a parent has damages. You could have a defense if the minor presented a real-looking fake ID though. The Tort laws are common law and used in all states with specific prior cases governing the outcomes of future cases. Here is exactly what it says:

REST 2d TORTS § 705

§ 705. Sale To Minor Child Of Habit-Forming Drug

One who unlawfully sells or otherwise supplies to a minor child a habit-forming drug without its parent's consent and with knowledge that it will be used by the child in a way to cause him harm, is subject to liability to

(a) the parent who is entitled to the child's services for any resulting loss of services or ability to render services, and to

(b) the parent who is under a legal duty to furnish medical treatment for expenses reasonably incurred or likely to be incurred for the child's treatment during its minority.

Yep, civil suit, as well as criminal charges. If she goes to the police, you WILL be fined, as will the store, and you will more than likely be fired. You will also likely never obtain another job that involves selling age controlled material.

There may be a clause in your job description that you signed stating you have to pay out of pocket any fines the store is made to pay. If not, they can take you to civil court and sue as well

How dis you "accidentally" sell the cigarettes? If someone shows you a fake I.D. you can't be held responsible. If you sell to a minor because he says he's 19 you can get yourself in big trouble.

Depends where that 'excessive sexiness' occurred. You'd be surprised how people take thing seriously these days. What may be considered somewhat 'relaxed' to some people will be 'slutty'. I always tell people "Get a life!"

I guess she could file one. it may not be successful though. Check and see if you signed a contract with your boss. If not, the right lawyer might be able to get you off. ;)