CplDavisI hunt the arctic SnonosJoin Date: 2003-01-09Member: 12097Members
edited March 2004
<!--QuoteBegin-coil+Mar 11 2004, 04:40 AM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (coil @ Mar 11 2004, 04:40 AM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--> Davis, let's say a shoplifter walks out of a store. The clerks tell him to stop; he ignores them. The clerks attempt to prevent him from leaving the store; he pushes them out of the way.
If they put a hand on him, they become liable. He's clearly not about to give them his name and home address so they can call the cops and explain what happened; even if he did, the chance of finding him guilty of anything probably drops significantly as soon as he leaves store grounds and has a chance to hide or otherwise dispose of whatever he stole.
What am I, as a retail clerk interested in keeping my store in business, supposed to do in that situation?? <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd--> Most loss prevention people will verbably try to stop a shoplifter once he goes for the door and exits.
They can use any reasonable force to stop him however. As in you cant pull out a gun and shoot at someone for stealing beer as this guy did <a href='http://www.sptimes.com/2003/01/11/Pasco/Clerk_charged_in_shoo.shtml' target='_blank'>http://www.sptimes.com/2003/01/11/Pasco/Cl...d_in_shoo.shtml</a>
If the guy is trying to rob you and he pulls a gun on you could pull your own gun from behind the counter but police STRONGLY recommend you just give the guy your money and not fight back. Once again your safety far out ranks the merchandise.
95% of all stores that i know of out there have policies against normal employees taking any physical action against people. For a couple of reasons.
1. Civil liability as I talked about before. Thats probably why that other off topic forumite lost his job in Woolworths. having lost a $10 item to a shoplifter is one thing, having to lose another $10 million in a civil suit to the shoplifter is quite another. And beleive me its happened.
2. Safety, is more important then property. Is that $2 dollar bottle of nasal spray or 6 pack of beer, or pair of pants or whatever they stole worth getting shot when the simple shoplifter suddenly pulls out a knife or gun on the employee?
Id say the vast majority of stores do have surveilance cameras to record and take pictures of th bad guys.
In fact many shoplifters are stupid enough to steal from the same place more then once.
Any buessiness should plan for a reasonable amount of property to be lost, its only life.
But to get back to your qoute. You can use reasonable force to stop someone but you are making yourself civily liable. I know that sounds stupid but people in the US like to sue over stupid things. If the bad guy starts to fight first that works to your advantage in a legal case to some extent.
However ive scene it were a shoplifter will run away and get tackled by a store manager. The manager tackeled him and hand cuffed him not beat him and rub his face into the pavement. he did not get into trouble as far as I know.
I also know of a case were awould be burglar slipped on ice one the front porch of the house he just burlgarized. yea u guessed it. he sued the homeowner for negligence in not properly keeping his property "ice free"
I also know some under cover securtiy people in a large department store. They have to take special training on what they can and cannot do in a physical altercation.
Howeverfor the simple store clerk, chances are its better off for you and the company to just get the bad guys description at least and report it to the store security when u see it happen or the police. Chances are if you do it fast enough they will be caught outside.
EpidemicDark Force GorgeJoin Date: 2003-06-29Member: 17781Members
edited March 2004
<!--QuoteBegin-coil+Mar 11 2004, 10:40 AM--></div><table border='0' align='center' width='95%' cellpadding='3' cellspacing='1'><tr><td><b>QUOTE</b> (coil @ Mar 11 2004, 10:40 AM)</td></tr><tr><td id='QUOTE'><!--QuoteEBegin--> Davis, let's say a shoplifter walks out of a store. The clerks tell him to stop; he ignores them. The clerks attempt to prevent him from leaving the store; he pushes them out of the way.
If they put a hand on him, they become liable. He's clearly not about to give them his name and home address so they can call the cops and explain what happened; even if he did, the chance of finding him guilty of anything probably drops significantly as soon as he leaves store grounds and has a chance to hide or otherwise dispose of whatever he stole.
What am I, as a retail clerk interested in keeping my store in business, supposed to do in that situation?? <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd--> You adressed Davis but since he adressed the subject.., Why would a retail clerk care about 2$? As for the shop owner, hire a security guard. Your clerrk is not responsible for catching thiefs..
Comments
If they put a hand on him, they become liable. He's clearly not about to give them his name and home address so they can call the cops and explain what happened; even if he did, the chance of finding him guilty of anything probably drops significantly as soon as he leaves store grounds and has a chance to hide or otherwise dispose of whatever he stole.
What am I, as a retail clerk interested in keeping my store in business, supposed to do in that situation?? <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
Most loss prevention people will verbably try to stop a shoplifter once he goes for the door and exits.
They can use any reasonable force to stop him however.
As in you cant pull out a gun and shoot at someone for stealing beer as this guy did <a href='http://www.sptimes.com/2003/01/11/Pasco/Clerk_charged_in_shoo.shtml' target='_blank'>http://www.sptimes.com/2003/01/11/Pasco/Cl...d_in_shoo.shtml</a>
If the guy is trying to rob you and he pulls a gun on you could pull your own gun from behind the counter but police STRONGLY recommend you just give the guy your money and not fight back. Once again your safety far out ranks the merchandise.
95% of all stores that i know of out there have policies against normal employees taking any physical action against people.
For a couple of reasons.
1. Civil liability as I talked about before. Thats probably why that other off topic forumite lost his job in Woolworths. having lost a $10 item to a shoplifter is one thing, having to lose another $10 million in a civil suit to the shoplifter is quite another. And beleive me its happened.
2. Safety, is more important then property. Is that $2 dollar bottle of nasal spray or 6 pack of beer, or pair of pants or whatever they stole worth getting shot when the simple shoplifter suddenly pulls out a knife or gun on the employee?
Id say the vast majority of stores do have surveilance cameras to record and take pictures of th bad guys.
In fact many shoplifters are stupid enough to steal from the same place more then once.
Any buessiness should plan for a reasonable amount of property to be lost, its only life.
But to get back to your qoute. You can use reasonable force to stop someone but you are making yourself civily liable. I know that sounds stupid but people in the US like to sue over stupid things.
If the bad guy starts to fight first that works to your advantage in a legal case to some extent.
However ive scene it were a shoplifter will run away and get tackled by a store manager. The manager tackeled him and hand cuffed him not beat him and rub his face into the pavement. he did not get into trouble as far as I know.
I also know of a case were awould be burglar slipped on ice one the front porch of the house he just burlgarized. yea u guessed it. he sued the homeowner for negligence in not properly keeping his property "ice free"
I also know some under cover securtiy people in a large department store.
They have to take special training on what they can and cannot do in a physical altercation.
Howeverfor the simple store clerk, chances are its better off for you and the company to just get the bad guys description at least and report it to the store security when u see it happen or the police. Chances are if you do it fast enough they will be caught outside.
Hope this answers your question.
If they put a hand on him, they become liable. He's clearly not about to give them his name and home address so they can call the cops and explain what happened; even if he did, the chance of finding him guilty of anything probably drops significantly as soon as he leaves store grounds and has a chance to hide or otherwise dispose of whatever he stole.
What am I, as a retail clerk interested in keeping my store in business, supposed to do in that situation?? <!--QuoteEnd--></td></tr></table><div class='postcolor'><!--QuoteEEnd-->
You adressed Davis but since he adressed the subject..,
Why would a retail clerk care about 2$? As for the shop owner, hire a security guard. Your clerrk is not responsible for catching thiefs..