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
PREMIUM
Answered
  • 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
PREMIUM
Answered

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.