Legal Question in Personal Injury in Wisconsin
Stopped For Shoplifting
16 yoa son walked out of national chain store. Stopped by employee who asked him to produce reciept for sunglasses (son purchased sunglasses at same store one week prior to this incident, have receipt) employee did not believe him, but said he could ''go'' after being stopped outside the mall for a period of time...the stop is wrong, correct? Tort?
1 Answer from Attorneys
Re: Stopped For Shoplifting
Frequently, this type of act can constitute a tort of false imprisonment. However, the way it's described here, it's doubtful that a court would see any calculable damages for such a short stop. Many would claim the humiliation and so on, but again, the way it is described it is more likely that a court would throw it out for lack of genuine damages.
It also may be quite possible that the store owner (given that it was the same pair he purchased) had reasonable suspicion or reasonable cause to stop him. If so, then there wouldn't be a tort.
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