Legal Question in Business Law in California

Rights to physically remove someone from my business?

Hello,

I own a retail store in California. Occasionally people enter our store and harass the employees verbally. When asked to leave, they do not. The police don't consider this serious and will not do anything about it. Can I physically remove them / threaten them if they continue to do this?


Asked on 3/31/08, 4:11 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Rights to physically remove someone from my business?

If you create an altercation or use physical force to remove them, they could accuse you of assault. Want to speculate on whether the police would 'do anything about' that? File a complaint with your police chief about the failure to protect citizens, and request a personal meeting, at which you will politely discuss the problem.

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Answered on 3/31/08, 6:24 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rights to physically remove someone from my business?

Taking matters into your own hands invites escalation of violence and expensive lawsuits. If the city cannot be coaxed into doing its job, you should consider private security services with adequate training and liability coverage.

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Answered on 4/05/08, 8:17 pm


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