Grabbed up

[Victor1972]

Jurisdiction

Kentucky

I was in food city buying a few things, after I checked out I headed for the exit. There were 2 store employees there that told me they saw me conceal one of the items I had just purchased. Conceal it then take it out and buy it. I told them they were crazy and attempted to walk around them , at which time they each grabbed one arm and tried to drag me backward into the store and in doing so have injured my shoulders ( I'm disabled) and hip. I pulled away repeating that they were crazy and couldn't grab me like that. They both followed me to my vehicle cussing at me and using vulgarity, all of which my wife saw. Is there some way to sue them or this store chain?

 

[Tax Counsel]

I Is there some way to sue them or this store chain?

You could certainly file a lawsuit against the store and its employees. Whether you would win, though, is another matter. State laws generally allow a store to take reasonable measures to detain a suspected shoplifter. Whether the store employees in this instance were within what they are allowed to do depends on exactly what occurred and what evidence there is on each side. Another matter to consider is the extent of your damages and how much it would cost to sue. I suggest you talk with a local personal injury lawyer about this. A lot of them give free initial consultations and that will tell you whether you have something worth pursuing.

 

[Victor1972]

They didn't accuse me of shoplifting. They said that I concealed something then took it back out and purchased it when I checked out.

 

[shrinkmaster]

I am a Retail theft Consultant and answer questions like yours daily. In some states "concealment alone" is a crime. The law allows "reasonable force" in detaining anyone. If you do have injuries you can consult a lawyer or talk to Store management who might offer you a gift card. We also do NOT know what store policy is for detaining suspected shoplifters or if the employees who did so had authority to act on shoplifting. Last once you were detained were you charged? did Police come? Did you sign any documents?

What can Loss Prevention do?

 

[mightymoose]

They didn't accuse me of shoplifting. They said that I concealed something then took it back out and purchased it when I checked out.

Based on this alone I would say it was unreasonable for them to physically detain you.... unless they suspected you had concealed additional items that you had not paid for.
As mentioned, concealment can be enough to take action, but once you paid for the item it was yours and the concealment issue was moot.
Did your injuries require a doctor? Is it something more serious than soreness? Did you have any marks or bruises?
Have you reached out to the store management about what happened?
They might be able to do something to satisfy you that doesn't require legal action.
Unless you have significant injuries that required medical attention it likely is not worth pursuing in court.

 

[zddoodah]

Anyone can sue anyone for anything. A merchant is privileged under the law to detain suspected shoplifters. Whether the persons who detained you used unreasonable force in detaining you isn't apparent from your post. Feel free to consult with a local personal injury attorney.

 

[zddoodah]

Duplicate thread.

 

[shrinkmaster]

I was in food city buying a few things, after I checked out I headed for the exit. There were 2 store employees there that told me they saw me conceal one of the items I had just purchased. Conceal it then take it out and buy it. I told them they were crazy and attempted to walk around them , at which time they each grabbed one arm and tried to drag me backward into the store and in doing so have injured my shoulders ( I'm disabled) and hip. I pulled away repeating that they were crazy and couldn't grab me like that. They both followed me to my vehicle cussing at me and using vulgarity, all of which my wife saw. Is there some way to sue them or this store chain?

At this point it "could" be presumed you are resisting which "could" justify use of force. Without being there or seeing video no one can say for sure. a Law suit can take a year or more with no promise of outcome in your favor. You are best served taking this to management or even corporate.

 

[mightymoose]

At this point it "could" be presumed you are resisting which "could" justify use of force.

There is no duty to stop when confronted by loss prevention whether a theft has been committed or not, so there is no argument for resisting.
If loss prevention intends to make a citizen arrest then they should do so. If someone resists then loss prevention had better be confident about what has happened because they are taking on a lot of liability.

 

[shrinkmaster]

Agreed which is why stores have clear policies on stops. By "resisting" I was meaning that is might be presumed I was not speaking in a legal sense of resisting arrest.