Can you sue a store for falsely accusing you for stealing and public humiliating you?
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Can you sue a store for falsely accusing you for stealing and public humiliating you?
My daughter was in a store looked at a ring and placed it back and went into another store. She then came out and a security guard and the store manager were waiting; they asked to check her (she didn’t even have pockets on her). Also, they checked her bag which she just had paid $180 for. I went to owner and told him that my daughter had been embarrassed as her friends have called her asking questions. She is now crying and devastated that she was placed out there to be humiliated in front of her classmates.
Asked on October 2, 2010 under Personal Injury, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In this case, you *probably* can't sue. If a store has any sort of reasonable basis for thinking that your daughter might have shoplifted--and if they saw her try on a ring, particularly an expensive one, and leave, that could easily be a reasonable basis--they asking to check her would not generally constitute defamation or intentional infliction of emotional harm. If there is reason to think the store's motive was itself not legitimate--e.g. your daughter is a racial minority, and they targeted her because of her race; or she knew someone at the store, who targeted her for personal reasons--that might be different, and if you think that's the case, it may be worth consulting with an attorney who can evaluate the situation in detail. But a legitimate check based on reasonable suspicion would very likley not result in liability.
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