Legal Question in Personal Injury in Massachusetts
Department Store Harassment
My father was harassed in a major Department store(accompanied by my mother), accussed of shoplifting,after returning $78 of new clothing for store credit,not furnishing the receipt b/c he was looking for an exchange.After receiving the credit, he continued shopping for 2 hours,when he was approached by a loss prevention staffperson and a store detective who brought out handcuffs & publicy announced that my father was being brought back for shoplifting.He was brought into a back room, where he was interrogated for 2 hours. He told them he could furnish the receipts and his credit card bills.After released, he tried to purchase his new clothes, and the store detective publicly announced that he would not be a 3rd party to theft, and would not process his transactions.My father is a psychologist who has a private practive in this town, and this enocunter was witnessed by many individuals who know of my father.His practice could be damaged, and he feels he cannot shop at this mall in the future. The store had no evidence for bringing my father in, except suspicion. Could he take legal action against this department store for harassment and damages to his business?
4 Answers from Attorneys
Re: Department Store Harassment
Based upon the facts in your question, it sounds like your father has a very strong case
for false arrest ( detained for two hours, hancuffed ect...) I would need to talk to your father
to make sure of the facts. I would also look at whether this is a private security
company or store security; either way you could file suit against all parties and guards
personally. If your dad would like to discuss this matter further my number is 978 465-5158.
I offer a free consultation.
Re: Department Store Harassment
He could bring a claim and might enjoy some recovery. The category of damages most difficult to recover is "lost profits". Any claim that this caused a dip in his earnings will open the door to a full exploration of all possible other explanations. How many thousands in lost earnings do you suppose are demonstrably attributable to the indignity ? There may well be a claim here - tell your father just to keep his expectations realistic. There is also a statute of limitations. Based on what you offered I can't say what it is. Best of luck with it.
Re: Department Store Harassment
From what you have said, his strongest claim is for the humiliation he suffered. No one should be subjected to tthat kind of treatment. He may also have a claim for false arrest, when he was confined for two hours and interrogated. He should contact an attorney as soon as possible. Mr. Williams in Newton is very good, if you are in the metrowest region. If you are on the south shore, give me a call. Tom Workman 508 822-7777.
Re: Department Store Harassment
Yes, he can bring an action against them. Rest assured he could sue for and collect more (far) than the amount of lost business he'd be able to prove, if the facts are right. You might not have the case legally classified the best way, but as a purposely vague statement, let me say that he "has a case" (in common parlance).
What city is this in? What store was this? Some of the story doesn't make sense ... they gave him the credit and then continued to harass him? These store detective thugs must be idiots as well as assholes.
Is your dad black, perchance? Extremely old? How did your mother take all this while it was happening and afterwards?
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