Glasgow, KY asked in Personal Injury, Civil Rights and Sexual Harassment for Kentucky

Q: Two loss prevention men grabbed my mother and dragged her through a store. Are they allowed to do this?

She was also injured. No females were around her.. I was informed that one female and one male are supposed to approach a woman who they think is shoplifting, is this true? Also, do loss prevention people have to have badges when approaching someone?

2 Lawyer Answers
Adam Michael Russell
Adam Michael Russell
  • Covington, KY
  • Licensed in Kentucky

A: The answer is more complicated than you may think. The key question is whether loss prevention had probable cause to believe that a person has shoplifted. They may then detain that person in reasonable manner for a reasonable amount of time to make a reasonable investigation. See Kentucky Revised Statute (KRS) 433.236.

Your mother may have a civil claim for false imprisonment and/or bodily injury or battery. She should consider contacting an attorney to discuss her claim and the time limits for bringing any claims she may have.

LeAnna M. Homandberg agrees with this answer

Peter N. Munsing
Peter N. Munsing

A: She should contact a member of the Ky. Assn for Justice--they give free consultations.

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