Thursday, February 4, 2010

Questions for law suit against store for false accusation of shoplifting. Please READ first.?

You're shopping alone @ store %26amp; pick up something. Sale person sees u walking around the store w/ the item @ first moment. A few mins later, he/she sees u again but you're not holding it anymore cause u decide not to buy and leave it somewhere but don't remember exactly where. That person suspects you for shoplifting,


1.Can he walk up to u %26amp; ask u if u have the item?


2.if u say u leave it, but he doesn't believe u. Can he ask u to show ur bag?


3.if u refuse, what can he do to you next? OR


4.U show ur bag, it's fale accusation. Can U seriously Sue the store?


5.But u're shopping alone %26amp; have no one else to back you up except people @ store. How can u have evidence for serious lawsuits against the store? or what would do to sue them in this case?





Every question is for legal terms. Please serious answers only. Any useful comment would be hightly appreciated. Thank you.Questions for law suit against store for false accusation of shoplifting. Please READ first.?
1.Can he walk up to u %26amp; ask u if u have the item?





Yes, and you also have the right to refuse to answer.





2.if u say u leave it, but he doesn't believe u. Can he ask u to show ur bag?





Yes, and you have the right to refuse such a search





3.if u refuse, what can he do to you next?





Legally nothing. in most states a person can make a citizens arrest to prevent the consequences of a theft but the key here is the perosn making such a detention better be damn sure the person to be detained committed a theft.





OR





4.U show ur bag, it's fale accusation. Can U seriously Sue the store?


5.But u're shopping alone %26amp; have no one else to back you up except people @ store. How can u have evidence for serious lawsuits against the store? or what would do to sue them in this case?





To sue the store in such a case would not pan out.Questions for law suit against store for false accusation of shoplifting. Please READ first.?
The store is in the right. Sorry. Be able to back yourself with evidence that you are innocent. They can request all of those things. They cannot have you arrested for it until you leave the store.
one thing i have to say...people now days are sue happy, like that judge suing the laundromat for 54million just because they lost a pair of his pants. the store can ask to see your bags, they can even bar you from shopping there, they have rights like that. and if you dont comply, you will get bared. most store clerks will ask you if you have the item, and just say you put it down, and if they ask, just show them your bag and if your wearing a jacket, take it off and show them you're trustworthy. thats the only problem now, none trusts anybody, and i think thats pretty much how it should be, you cant trust anybody, i've noticed everyone pretty much wants to better themselves, and thier willing to do anything to do it about. and i wont say im not guilty about it. but if i were you, i'd just forget about suing, it'll cost more in the long run, even if you win, you'll end up having to pay legal fees, and you'll lose time that you could spend doing other things. the only reason i would sue would be wrongful death, or a mechanich screwing up your car.
You can try to sue anybody for anything, but many judges will throw the case out if there's not enough evidence or even if you have witnesses, if they're not credible or there is no other hard evidence (such as injuries received from an over-zealous store security ween).





You do not have to submit to a search of your person or effects based on mere suspicion of a store clerk. However, they can hassle you and insist they saw you pocket something. If that happens, try to get a witness to stand by until the police arrive and then and only then empty your pockets and show them that you do not have the item they accuse you of taking. You _might_ have a case against them, if the witness is willing to go to bat for you.





And of course, if you think any such confrontations are likely, never have anything remotely suspicious in your pockets, even if you have a sales receipt at home for it.
I am not sure what the law is, but were that to have happened tol me, I would request that a police officer be present, to verify that I have not taken anything and that I was being cooperative.
I must be missing part of this story. Did the salesperson call you a thief? If he did, and other people heard him, that is probably slander. My only concern is that you have no monetary damages. If he just asked to see your bags, that means nothing. Store personnel are not police officers and do not need probable cause to search your bags.
What was the damage? your self-esteem? First of all, no they should definitely not accuse you unless they saw you stuff something from the store into your bag or if it's on film; however, according to your info, you wouldn't have a glaring case for obvious damage with plenty witnesses, so you would have a hard time finding a lawyer to help you with contingency (that is, without paying unless they win the case); and if you pay a lawyer, they will definitely sue anybody, including their own mother, but the judge would consider how you could have possibly been damaged. What are you going to say? ';I can't sleep at night';, ';I have nightmares';. Get over it! Tell them to kiss your bonker and don't ever go there again.
I worked for a store in Iowa and the law is here, well, store policy is here, and I think it's the law, that I have to actually witness you conceal the item, and then leave the store before I can stop you. Which means I have to be certain!
1. no


2. no


3. nothing


4. yes, but you need to have called police at the time of incident


5. ? not sure what you mean





ok, the person needs to see you concealing whatever item and they need to never loose sight of you. If they hold you and you have nothing it's called unlawful detainer. In fact, when they make you show your receipt at the door that is (if you want to be technical) unlawful detainer, because they are holding you up for no good reason - Only stores that can are membership stores where it states that on membership application
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