Who is Responsible for Injuries Sustained While Shoplifting

Full question:

Does a sore clerk have the right to tackle you from behind without saying a word, slam you into stuff, go in your pockets, and lock you in a room, if he suspects that you are shoplifting? Who is responsible for my injuries?

• Category: Criminal
• Date: 04/07/2025
• State: Louisiana

Answer:

A store employee must have probable cause to detain a suspected shoplifter. To establish probable cause and prevent false arrest claims, the following steps are recommended for the store employee/owner:

1.Witnessing the shoplifter approaching your merchandise

2. Witnessing the shoplifter selecting your merchandise

3. Witnessing the shoplifter concealing or carrying away your merchandise

4. Maintaining continuous observation the shoplifter

5. Witnessing the shoplifter failing to pay for the merchandise

6. Approaching the shoplifter outside of the store

The amount of force used to detain a suspect should be reasonable, which will depend on the facts and circumstances in each case. The merchant may use a reasonable amount of non-deadly force when and only when that force is necessary to protect himself or herself, or to prevent the escape of the person being detained or the loss of his or her property. If the customer is cooperative, very young, very old, or frail then no force should be necessary. Professional loss prevention agents should be trained in the concept of the Use of Force Continuum, which applies different levels of force depending on the situation involved. Lawful force can escalate to a reasonable level and then ease as the situation calms. Handcuffs are sometimes used to restrain violent or aggressive shoplifters when escape and employee or customer injury is a true possibility, but should be used skillfully. Loss prevention agents must be properly trained in the use of handcuffs.