Generally speaking, laws grant store security guards some rights to perform various acts towards the prevention of theft and store asset loss. These acts must generally be performed in a reasonable manner and should not violate any of the patron’s basic rights within reason. Store security are typically allowed to perform acts such as:
In order to avoid liability, it is best if the store security has a good amount of probable cause before apprehending the suspected thief. Also, the amount of force used should never be excessive, and should not be applied unless necessary. Most states have “shopkeeper’s privilege” laws that outline what a shopkeeper is allowed to do in order to deter theft and detain suspected shoplifters.
Store security legal issues are often the focus of various civil lawsuits. In particular, store security violations may involve conduct such as:
In particular, store security and the company that manages them may become liable if a guard causes serious injury to a patron or customer. This can happen in cases where the security personnel:
Thus, store security workers need to exercise restraint and ensure that their actions are reasonable in light of the situation.
If you feel that you have a legal claim involving store security, it is best to compile any evidence or records that you feel might help your case. You can create a log outlining the details of any incidents. Be sure to include dates, locations, names of relevant people, and descriptions of any use of physical force or detention. Video footage or photos from bystanders can also help. In most cases, a damages award may be issued for losses or expenses due to injuries caused by store security.
Store security issues can involve a number of complex laws and legal concepts. It may be in your best interest to hire a personal injury lawyer near you if you have been injured or had your rights violated due to store security workers. Your attorney can provide you with legal advice on how to proceed, and can also represent you in court. If you need to file a lawsuit, your lawyer can perform legal research in order to provide support and legal arguments for your case.
Last Modified: 09-30-2016 02:30 PM PDTLaw Library Disclaimer
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