E-commerce
Can You Stop a Shoplifter in a Store? The Legal and Ethical Dilemma
Can You Stop a Shoplifter in a Store? The Legal and Ethical Dilemma
Introduction
Understanding Retail Theft
In the world today, retail theft remains a significant issue, especially in the face of a growing number of smash and grabs. While it may be tempting to intervene, especially when witnessing such incidents, doing so can carry serious legal and personal risks.Consequences of Intervening
Intervening in a situation where a shoplifter is attempting to leave a store without paying can lead to a variety of negative outcomes. As a private citizen, you do not have the same legal protections as a store employee. Attempting to stop a shoplifter can result in both physical and legal troubles. Here are some of the potential consequences: Physical Confrontation: The shoplifter may resist your actions, leading to a physical altercation. This can result in serious bodily harm to all parties involved, including bystanders. Lawsuit: If the shoplifter pursues legal action, you could face significant financial repercussions. This is particularly true if the shoplifter has prior knowledge of your involvement. Legal Penalties: Depending on the jurisdiction, you could be charged with assault or other criminal charges.Historical Incident: Stopping a Drunk Shoplifter
Despite these risks, there are instances where individuals have stepped in to prevent theft. One such incident occurred around mid-2020 when the author and their 18-year-old son encountered a drunk man attempting to leave a local convenience store with an unsold case of beer.The Incident
The author explains:I sent my son to the car to keep him safe and call 911. There were about a dozen people standing around watching/recording the interaction and I got a little angry that they all had the attitude of “not my business.”
I kept the man from stealing the case of beer. Then he tried to go get in his truck and I was keeping him there when the Sheriffs deputy showed up. I let the deputy know in case he saw it while we were taking care of the inebriated man that I was concealed carrying I have a permit even though I don't need one in Missouri. He chuckled and said, “Me too.”
We got the guy settled down and took him to a hotel right next door and went halves on a room for him. The deputy gave the clerk the guy's truck keys, and the deputy interviewed me for the paperwork...
Why Employees Are Not Allowed to Stop Shoplifters
Employee Protection and Legal Responsibilities
Store employees are typically trained on when to call the police, recognizing the potential risks involved in detaining or confronting a shoplifter. This training serves to protect both the employees and the store from legal repercussions. However, as a private individual, you lack this training and protection.Legal Protection and Liability
Liability and Legal Consequences
If a store employee attempts to stop a shoplifter, the company will generally protect the employee from any lawsuit the shoplifter brings. This is because the company can afford to defend its employees and has the insurance to cover any costs. However, you, as a private individual, do not have this protection.YOU are not the employee. YOU ARE NOT covered by the store's insurers, and therefore YOU get NO protection from them when the guy sues YOU. There is no superhero clause in the law that says you can interfere based on any presumptions YOU make.
His attorneys will clean you out and you could face some jail time for assault. This is why store employees are trained to call THE POLICE!