My grandmother was stopped in the grocery store the other day and questioned about what she had put under her shirt. She had not done a thing and opened her shirt to prove this. They were very rude to her in front of the entire store. She was extremly imbarrased, crying, etc.....
They have offered her a free gift card but she refused. She was very hurt and upset, and it still bothers her. She feels like a victim and is affraid to even go shop any more. She has hired a lawyer and I am wondering what legal actions if any she has? Thank you for any help.
2007-07-30 15:50:31 · 6 answers · asked by dog 2 in Politics & Government ➔ Law & Ethics
Assuming this is an ethics question (is it right to sue, not can I sue) I would say that suing them when they offered to make amends with your grandmother is spiteful and of questionable ethics.
If she wants the moral high-ground she should settle for a public apology printed in the local paper and take them up on the gift card. Otherwise it just sounds like she's just wanting money.
2007-07-30 16:01:09 · answer #1 · answered by bw 2 · 2⤊ 1⤋
In any law suit there are the challenges of
* the lawyer needs to be paid in advance, and this can be expensive ... you do not get that money back in most cases ... for example, I was falsely accused of a crime, I needed a lawyer, it cost me $ 3,000.00 & I was told it would cost more if it went to trial ... the lawyer got the case dismissed ... I am out $ 3,000.00 ... your grandmother is going to be out whatever she pays the lawyer, unless she wins civil suit
* odds of winning the law suit have a lot to do with proveability of what happened ... does your grandmother have witnesses ... other shoppers who witnessed this? ... can the lawyer subpoena security camera tape from the store that shows this, or will they say they only keep the tape for 24 hours & it all erased now
The stores have a real serious problem with shop lifters, and can make mistakes identifying who did what.
When they confront a suspected shop lifter, they need to be firm but polite. It is not neccessary to make a fuss that will be witnessed by everyone in the store.
Now technically, it is not shop lifting until someone actually leaves the store carrying product they have not yet paid for. For example, I go into a store, not planning to buy much, so I carry the stuff in my arms, then I realize I need one of those shopping carts, so I go back to the entrance to get one ... does it look to someone like I am stealing the stuff in my arms, before I get to the shopping basket, put the stuff there, and walk back to get more stuff?
2007-07-30 23:01:34 · answer #2 · answered by Al Mac Wheel 7 · 1⤊ 0⤋
The store employee was totally out of line. Confronting her while she was still in the store was illegal. As long as she was in the store, she still had the oportunity to pay for anything she "might" have placed on her person. The store's security guard can only stop her for shoplifting after she leaves the store without paying. All employees involved in this incident should be fired - and your grandmother should demand it. She can also sue them for harassment and mental anguish. Tell her to go for it!
Hopefully her attorney will take the case for a percentage of what she wins. She might even find one who will take the case pro-bono just to stick it to the store for violating a senior citizen.
2007-07-30 23:02:55 · answer #3 · answered by JM 4 · 0⤊ 1⤋
Your grandmother could file legal suit against the owner and employees of that grocery store.. Anyway your grandmother have already seek the assistance of a lawyer, they lawyer will see what actions it could be filed to them.
jtm
2007-07-30 22:59:30 · answer #4 · answered by Jesus M 7 · 0⤊ 0⤋
If she had reason to fear for her immediate safety, then yes. To check out the situation further, they should have done it somewhere privately. This seems like harassment or assault. I hope it was WalMart. Sue their hairy, fat @$$e$!
2007-07-30 22:59:28 · answer #5 · answered by Anonymous · 0⤊ 2⤋
I would SUE THE HELL OUT OF THEM.
2007-07-30 22:54:29 · answer #6 · answered by Anonymous · 1⤊ 1⤋