Legal Question in Civil Litigation in Pennsylvania

First thing first: the Pennsylvania law. It is contained in 42 Pa.C.S. section 8308, and the full text is as follows:

� 8308. Damages in actions on retail theft.

(a) General rule.--In a civil action based on retail theft, as defined in 18 Pa.C.S. � 3929(a) (relating to retail theft), a court of competent jurisdiction shall utilize the following

remedies:

(1) Order the defendant to restore the merchandise to the plaintiff in its original condition, if possible.

(2) Award damages as follows:

(i) If it is not possible to restore the merchandise in its original condition under paragraph (1), award the value of the merchandise as damages.

(ii) Award actual damages arising from the incident. Damages under this subparagraph do not include the loss of time or wages incurred by the plaintiff in connection

with the apprehension and prosecution of the defendant.

(iii) Award reasonable attorney fees and reasonable court costs.

(3) Award a civil penalty to the plaintiff in the amount of the value of the merchandise plus $150.

(b) Minors.--If the defendant is a minor, the act of July 27, 1967 (P.L.186, No.58), entitled "An act imposing liability upon parents for personal injury, or theft, destruction, or loss of property caused by the willful, tortious acts of children under eighteen years of age, setting forth limitations, and providing procedure for recovery," applies.

(c) Criminal disposition.--Criminal prosecution under 18 Pa.C.S. � 3929 is not a prerequisite to the applicability of this section.

(d) Limitations.--

(1) The plaintiff shall send a notice to the defendant's last known address giving the defendant 20 days to respond before a civil action may be commenced.

(2) No civil action under this section may be maintained if the defendant has paid the plaintiff a penalty equal to the retail value of the merchandise, not to exceed $500, plus

the sum of $150.

(e) Release.--If the person to whom a written demand is made complies with such demand within 20 days after the receipt of the demand, that person shall be given a written release from further civil liability with respect to the specific act of retail theft.

Second important thing: while a civil lawsuit is possible to recover this civil statutory penalty, stores RARELY bring them! Think about it: it would cost way more for the store to hire an attorney to prosecute the lawsuit than the amount available for actual recovery under the statute. Yes, attorney's fees and costs are recoverable, but the chances of actually recovering money from a shoplifter is already pretty slim. If he/she had the money, they probably would've just bought the items instead of stolen them! In addition, a Florida law firm likely can't practice law up here in Pennsylvania anyway. So the civil lawsuit route is simply a scare tactic 99% of the time -- which are extremely good odds in your favor.

Hope this helps. If you'd like to discuss this matter in more detail, feel free to contact me offline.

Cary B. Hall, Esquire

Law Offices of Cary B. Hall, L.L.C.

121 East Chestnut Street, Suite 205

Souderton, PA 18964

T: (267) 663-9995

F: (215) 525-4364

[email protected]

http://www.carybhall.com