You work as the risk manager for a chain of jewelry stores called Jewelry, Watch

Question

You work as the risk manager for a chain of jewelry stores called Jewelry, Watches and Beyond.  The store is in Anytown,USA has an incident which is described below:

A customer, Tim Steel, came into the store and asks to look at watches.  The store clerk, Susie Sunshine, placed the watches on the counter and then took a phone call.  Tim grabbed the tray of watches and ran for the door.  The store security guard, Bob Bruiser, wrestled Tim to the ground and punched him in the face causing bruising.  Bob then placed Tim in the backroom of the store. Bob questioned Tim for about four hours.  Then, he called police and had Tim arrested.  Answer the following questions:

2.    What tort claims might Tim bring against the store and Bob?  Are there any defenses that the store and Bob can assert?

Explanation / Answer

2.

Tim can bring in following tort claims against the store and Bob.

a.    He was not doing shoplifting, but He was beaten by Bob and overpowered by him.

b.    Keeping him hostage under the false claim of theft of shoplifting for 4 hours

c.     Causing him personal injury

d.    Denying him from calling police for protection and cover

e.    Store as well as Bob took law in their hands and punished him for what he had not committed. It was a confusion, but nobody listened to him.

Store and Bob can assert their defense as follows:

a.    Footage of CC TV camera that shows that Tim was running away with watches

b.    Suspicious behavior of Tim and running away with the intention of shoplifting or theft

c.     Tim attacked first and Bob only did what he should do to protect the assets of the store

Though, keeping hostage of anybody for 4 hrs. and interrogating without informing the police on an immediate basis, weakens the defense. The store has every right to protect their assets. But, they cannot take law in their own hands.

Related Questions

Navigate

• Browse (All)
• Browse Y
• Subjects

Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.