Ok, I was at a major retailer(Hint: it rhymes with j-mart) and I was basically stopped when I was leaving and accused of shoplifting and I was even handcuffed. I didn't even take anything and they apologized but it was really embarrassing and I'm saying that it's reasonable grounds for a lawsuit and he's saying it's totally within their rights to do that. could I win a lawsuit or settlement from that? Also, the same guy approached my friend and told him he should just slip a fishing lure in his pocket can they do that?
2006-12-24 18:05:34 · 7 answers · asked by AK-47 2 in Politics & Government ➔ Law & Ethics
Sounds suspiciously like you know this person and you're just looking for a way to get them into trouble??
2006-12-24 18:13:19 · answer #1 · answered by Secret Agent of God (BWR) 7 · 0⤊ 0⤋
Hubby used to be a security guard for over 10 yrs. They can stop you and ask questions but you don't have to answer & basically they can't legally do anything until the police arrive, otherwise it's unlawful detainment. If the guard holds you on his own he can be sued. If the company told him to do so with shoplifters they can be sued as well. If you are suspected of shoplifting someone is supposed to watch you while the police are called. Then the police can wait by the door & arrest you as you're walking out. Security guards don't have the authority to retain you. But when time is of the essence then most will ask you to come back to the office & most people comply not knowing they don't have to. Only the police can legally handcuff you.
2006-12-25 02:31:46 · answer #2 · answered by syllylou77 5 · 2⤊ 0⤋
Probably not because i think W-Mart or K-Mart is private property and they the the right to prevent loss property (even if they are innocent or not). With the security guard telling your friend to steal the fishing line to catch them red handed is just unethical, but not illegal.
2006-12-25 02:23:59 · answer #3 · answered by Low G 1 · 0⤊ 0⤋
You could work out a settlement...but they would most likely deny it.....you could file a complaint with the police for false imprisonment.
Otherwise start talking with lawyers.....just remember the guards need to be better at their job ....rather than indiscriminately stopping people because they think they stole something.
2006-12-25 02:16:47 · answer #4 · answered by Anonymous · 0⤊ 0⤋
personally i dont think you would do well in an actual lawsuit, but with the threat of a lawsuit they would probably offer you something to make you happy.
asa for them trying to con people into shoplifting so they can catch them, that is just plain wrong.
2006-12-25 02:10:06 · answer #5 · answered by peter k 2 · 0⤊ 0⤋
Sue the hell out of them. They might settle out of court and you could get a nice chunk of change. No one should have to put up with that crap.
2006-12-25 06:51:07 · answer #6 · answered by iwasnotanazipolka 7 · 0⤊ 0⤋
you should report this to the store manager and the security guard company, tell them what happen.
2006-12-25 02:15:49 · answer #7 · answered by johnlee1049 3 · 0⤊ 0⤋