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Any solicitors here

  • 26-05-2012 10:15pm
    #1
    Yurt15
    Registered Users Posts: 6 ✭


    Would I have a case for being accussed of theft outside the shop by being asked to hand my handbag over to staff to be searched and then being asked if my child wore the top he had on him into their store? I was stopped because the alarm went off but i hadn't any bags or heavy clothing that could hide stuff as the whether is scorching. I only had a tiny handbag...

    Thanks


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Simple answer is yes you may have a case. But you will need to have a consultation with a solicitor to be sure as there are a number of issues your solicitor will need to be sure of before he can say with any degree of certainty.

    That's not a fob off, but each case is different and defamation can be a difficult one to answer without a face to face meeting.


  • #3
    Yurt15
    Registered Users Posts: 6 ✭Yurt15


    Thanks for taking time to reply. I wasn't sure whether to write to head office or speak to a solicitor. I was highly embarrassed as this happened on o Connell street today and town was packed. All I kept thinking was someone i know would have seen me, and then when I went into the next shop i felt paranoid that the security was informed. After being accussed all he said was "sorry about that, here's your bag" and I was left stunned on the street with spectators. It was horrible. Completely ruined my day with my family


  • #4
    author
    Registered Users Posts: 40 ✭author


    same thing happened my neighbour last year,everybody was looking at him been accused of shoplifting on main street by shop staff who were 100% in the wrong.left him very embarrassed.went to solicitor straight away,the solicitor wrote looking for cctv etc..the shop ended up having to pay the man a few quid for accusing him in the wrong...


  • #5
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Don't bank on anything. Shops are entitled to inquiry and to that extent statements made, are often subject to Qualified Privilege.

    Speak to a solicitor. Usually, ancillary torts increase any settlement or damages.


  • #6
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Don't bank on anything. Shops are entitled to inquiry and to that extent statements made, are often subject to Qualified Privilege.

    Speak to a solicitor. Usually, ancillary torts increase any settlement or damages.


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  • #7
    author
    Registered Users Posts: 40 ✭author


    alarms in these shops go off all the time,but if they go out of there way to pull you over ask about your kids top and if they have no proof....
    they are in the wrong.


  • #8
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    As said, go see a solicitor because there is a world of difference between being politely asked to open your bag/show your receipt and being rugby tackled to te ground and dragged through the streets by a guy shouting "I got the theif, everyone look at his beady eyes"


  • #9
    Yurt15
    Registered Users Posts: 6 ✭Yurt15


    Thanks for your replys. I think the fact I was searched on the street just made it a lot worse. I was stunned to the spot. When he asked for my bag I didn't hesitate. I thought I had to, I didn't know I could of refused. As far as I am aware he was not security because he had no license on show. The alarm went, and I was not the only one who walked out at that time but I was the only one stopped. It's a mans shop, nothing in it for me. I didn't touch any merchandise in the shop for him to have any reason to search me if you get me.

    Also he searched my handbag, not a shopping bag. I or my partner had only the clothes on us and my handbag was on me.


  • #10
    altor
    Registered Users, Registered Users 2 Posts: 11,776 ✭✭✭✭altor


    Yurt15 wrote: »
    Thanks for your replys. I think the fact I was searched on the street just made it a lot worse. I was stunned to the spot. When he asked for my bag I didn't hesitate. I thought I had to, I didn't know I could of refused. As far as I am aware he was not security because he had no license on show. The alarm went, and I was not the only one who walked out at that time but I was the only one stopped. It's a mans shop, nothing in it for me. I didn't touch any merchandise in the shop for him to have any reason to search me if you get me.

    Also he searched my handbag, not a shopping bag. I or my partner had only the clothes on us and my handbag was on me.

    I would also get on to the PSA. All security staff have to be registered.
    If not they will be in trouble there also.

    www.altor.ie



  • #11
    Departed
    Registered Users, Registered Users 2 Posts: 306 ✭✭Departed


    If the alarm goes off and you do not have anything do you have to stop for it? is it true he has no right to search and that if the OP had asked him to call the garda and have them search then the case of the op would be stronger?


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  • #12
    castie
    Hosted Moderators Posts: 3,807 ✭✭✭castie


    Departed wrote: »
    If the alarm goes off and you do not have anything do you have to stop for it? is it true he has no right to search and that if the OP had asked him to call the garda and have them search then the case of the op would be stronger?

    What exactly are their powers of detention when on the street?
    I used to work in nightclubs (not as security) and we were always told security can detain someone for the gardai when on the premises but if they are outside they cannot do anything except inform the gardai.


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