Can i sue a gas station for a person hitting me?

Suing a Gas Station for a Third Party's Assault

Potentially yes — you likely need to establish the gas station's independent negligence and here are some theories:

1. Negligent Security: For example, if the gas station knew or should have known that assaults were a foreseeable risk (e.g., prior incidents, high-crime area) and failed to take reasonable precautions — adequate lighting, security cameras, security personnel, working emergency call systems — they may be liable for failing to protect customers.

2. Negligent Hiring / Supervision / Retention: If the person who punched you was a gas station employee, the station may be liable for negligent hiring (known violent history), negligent supervision, or negligent retention (kept an employee despite known violent tendencies).

3. Failure to Intervene / Escalation: If station employees witnessed a confrontation escalating and failed to call 911 or take reasonable steps to de-escalate, there could be a recognizable duty to act if the station assumed a custodial role over the situation.

Practical Reality: The attacker is always the primary defendant. The gas station becomes viable when the attack was foreseeable and the station failed to take reasonable preventive measures. Foreseeability is everything — prior similar incidents on the property are critical evidence. If the assault was unforeseeable, however, then it will likely be exceedingly difficult to hold the gas station liable for the third party's actions.

It depends on how were you ‘hit’? 

If you were hurt at a gas station in Missouri, you may be able to pursue a claim against more than one party, depending on how the incident happened and who failed to act reasonably under Missouri law. Businesses that open their property to the public generally owe customers a duty to keep the premises reasonably safe and to address dangers they know about or should know about.​

If Another Customer’s Vehicle Hit You

If another customer’s vehicle struck you, that driver is usually the primary at‑fault party, and a claim is often made against their auto insurance. At the same time, the gas station may also share responsibility if dangerous conditions on the property contributed to the crash, such as poor traffic layout, confusing entry/exit design, lack of pedestrian markings or warning signs, inadequate lighting, or allowing vehicles to drive too close to store entrances without protective barriers. Missouri follows a comparative fault system, which means fault and financial responsibility can be divided between the driver and the business if both were negligent.​

If Another Customer Physically Assaulted You

If another customer punched or assaulted you, that person is directly responsible for your injuries, and they may face both civil and criminal consequences. In addition, the gas station may be liable under premises liability if it failed to take reasonable steps to prevent foreseeable violence—for example, ignoring prior fights or threats at the location, failing to act or call police when a confrontation was clearly escalating, or not using basic security measures (lighting, cameras, trained staff) in a high‑risk area. Under Missouri law, businesses are not insurers of everyone’s safety, but they do have a duty to take reasonable precautions against criminal acts that are foreseeable based on prior incidents or known risks.​

Why the Scenario Matters

Vehicle‑related incidents at a gas station often involve a mix of auto insurance, premises liability, and sometimes multiple insurers for different parties. Assault cases, on the other hand, can involve the attacker’s personal liability, the business’s liability coverage, and overlapping criminal proceedings, and the standards for proving foreseeability and inadequate security can be different from a typical car crash.​

What a Lawyer Will Look At

To evaluate a potential claim, some of the most important facts include exactly where on the property this happened, whether surveillance video or incident reports exist, what gas station employees saw or should have seen, and how serious your injuries and medical treatment are. These cases are very fact‑specific, and early steps—like preserving video, getting witness names, and documenting injuries—can make a big difference in what compensation may be available under Missouri law.

As time is of the essence, please contact me/our firm for a free evaluation of your case.  If we cannot recover you compensation, we charge you $0.00 for our time and case expenses.