Legal Question in Civil Litigation in South Carolina
Falsely accusing someone of shoplifting
I am a manager at a retail store in the town where I live. On a Saturday night, my assistant noticed two girls off by themselves. She noticed that one of the girls had a bracelet in her hands. Later in their visit, my assitant could not find the bracelet. She alerted me and I waited to call mall security to allow one of two things to happen; either the girl would pay for the item of we would find it. Niether happened so I informed security. Slow to get to our store, the girls were gone. Once they were found and obtain the girls in question emptyed her pockets in the presence of the officers. Apparently the girls did not have the item. The officers escorted the girls in to the store and recovered the bracelet. We apologized for the mistake and they left. Later that evening the mother of one of the girls called and wasn't very happy and claimed that she was going to sue. What are my legal rights and being the one that called security and what can the store be held accountable for? The mother claimes that mall security, acting on the information that we gave them, embarrassed her daughter and friend. Can she sue for embarrassment? Any information regarding this would be greatly appeciated.
2 Answers from Attorneys
Falsely accused minor of shoplifting
In California, a shopkeeper is allowed to detain anyone if theshopkeeper has a"reasonable beleif" that the individualhas stolen from them. This extends to minor as wells.
As for embarrasment... unlikely, however, intenional inflection of emotional distress is possible but very unlikely (theywould have to prove that you acted in malice (deliberate and without reason)============================================================If applicable to this message: "This transmission does not create an attorney-client relationship. I will not be representing anyone without a written agreement signed by all parties. Answers to questions are for general information only and should not be construed as legal advice in any particular jurisdiction. If you need legal advice for a specific legal problem seek the services of a knowledgable attorney in your area or locale."=============================================================
Check with company lawyer
You state that you are the manager at a retail store in the town where you live--that leads me to believe that you are probably not the owner. For your own protection, your store's protection and the protection of your job, better consult with the owner and the owner's attorney ASAP. If the owner doesn't have an attorney, better suggest that he/she/they get one for the purpose of consulting on this matter.
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