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I am an attorney with a practice that includes criminal defense and civil litigation. I think what could really help Wal-Mart stop this abusive practice is if customers were willing to take WalMart to small claims court (which you should be able to do by yourself) for false imprisonment and defemation.
False Imprisonment is the tort to provide money damages for cases where someone’s liberty was unlawfully restrained by another. Wal-Mart has no right to detain you, or intimidate you into believing that you are not free to leave. Although your may only be detained a brief moument, because it is an intentional act on their part (not simply negligent), you may be entitled to an award of punitive damages.
Defamation is the tort to provide money damages for cases where false statements were made against you. Situations were buzzers sounded, or employees were loud (and could be overheard by other employees or customers) may create the requirements for defamation. Technically it would be slander (that is the defamatory statements are oral, and not written). In most states it is considered defamation per se to be accused of a crime of moral turpitude (i.e. shoplifting or larceny). That means that if you can prove defamation the Court will instruct the jury that nominal damages are established and again, you can ask for punitive damages.
Before anyone thinks this is frivolous, this is exactly what the Court system is created for. It is only frivolous when you have don’t have a valid claim, and although your claim for damages in these cases may be small, you very well may have a very strong case based on the normal operating procedures of WalMart.
Good luck.
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March 18th, 2009 at 1:48 am
This comment was posted by Free And Proud
Respectfully, I don’t think this is “exactly what the court system is created for.”
IMHO, using tort law for minor infractions such as this bogs down the court system and creates delays for those who have suffered true injury. (who, I would argue, is what the court system was really created for.)
Sort of like the person who needs their finger stitched back on having to wait 3 hours while the ER docs attend to people who have the sniffles.
If ya don’t like the policy, tell WalMart so. If WalMart don’t care, don’t shop there.
It’s just like I tell my 4 year old when he comes to me tattling on his playmates. Don’t tell me they hurt your feelings until you’ve told them. And if they don’t care, don’t play with them anymore
March 18th, 2009 at 1:50 am
This comment was posted by “Jon”
I had no idea that WalMart was so difficult to deal with because I don’t shop there. Rather than spend your time bitching, you should do something that really works — DON”T SHOP AT WAL-MART!!!
April 5th, 2009 at 5:17 pm
It is incredible that the people commenting have a greater understanding and respect for law than our highly trained and qualified lawyers.
To claim this is not frivolous; which is an adjective describing a lack of seriousness; is inherently frivolous in itself.
It is incredible how someone who could claim and promote the argument to not be sheep and think for ones self, would grant someone authority; relinquishing ones power to another, in this case on the bases of the clearly meaning distinction of in this case “lawyer”.
There are bad police, there are bad subway employees, there are bad doctors, there are bad baseball players, there are bad web page developers, there are bad activists, there are bad ideas, and there are bad lawyers. In this context bad being a completely subjective term in which all of my past experiences and understandings of the world have influenced the meaning of such.
The ignorance in society is incredibly intolerable. Notice this lawyer practices criminal defense and civil litigation, not environmental law, victims advocacy, civil rights or liberties, immigration law, or any other of the endless fields inherently requiring a moral disposition.
Thank goodness this is not a statement of fact and only an opinion without merit.
July 8th, 2009 at 6:55 pm
Ryan, I didn’t understand one word of your rant. Are you for or against lawyers? Are you for or against criminal defense attorneys? If you got arrested for stealing something from Walmart for which had paid, would you then like criminal defense attorneys or tort lawyers?
I’m going to test this at Walmart or any other store with which I do not have a signed agreement to let them search my person or effects.
October 26th, 2009 at 1:16 am
Well, if we call the 1-800-WalMart hotline and complain every time that we get stopped maybe they will stop. They will at least get bogged down. I used to call and complain but after all these years I’ve stopped.
October 31st, 2009 at 5:11 pm
If this fellows wants to be the first in line to file a class action suit charging Wal-Mart with crimes, then sign me up as a member, and I’ll be the first to donate money, if not then he should be ashamed of himself for stirring up this legal mess, causing people to be arrested and harrassed for trying to stand up for their rights. The police in these small towns will always stand up for Wal-Mart over the people. So be ready to go the distance, up to, and including, GOING TO JAIL. Either shit or get off the pot!
December 1st, 2009 at 2:53 pm
I was stopped, held, and my arm was bruised just a few days ago leaving walmart over a receipt issue. Please keep me updated with any news.
I am currently waiting for a response from walmart before moving forward.
December 16th, 2009 at 1:35 pm
http://www.newbernsj.com/news/marine-50277-walmart-greeter.html
February 14th, 2010 at 12:58 am
In Bemidji, MN the Walmart here only stop non whites to check receipt and bags. The door people are so rude and pick out anyone who isnt white in a group leaving the store. They will smile and tell whites “have a nice day”. then they take up 5 minutes of your time and pat you down form a line for native american people. Everyone I talk to all say they get stopped, harrassed and treated like a criminal. I know these are people looking to earn a living and all that bs. However if they are gonna racial profile to hell with them. These door people are on such a power trip and take you hostage. They already have employees dressed as regular customers and follow you around and watch you. They have tons of cameras under the tinted domes. Then the door nazis stand in your way and block the exit and wont let you leave until you let them search you. They will even grab your cart if you tell them no and try to leave after paying for your stuff. This defiantly needs to be taken to court.
March 24th, 2010 at 4:25 pm
Really beneficial – always spread your message. Looking forward to an update. For too long now have I had the need to start my own blog. Guess if I wait around any longer I’ll never take action. I’ll make sure to include you in my Blogroll. Cheers!!
March 24th, 2010 at 10:17 pm
I made a big purchase and when I was leaving, the person tried to stop me to check my purchse and I refused and kept walking. She ordered me to stop and I kept going, then she stated she was going to call security, and I said go ahead. I hate having to stop for them to check my purchase, when i just paid for it not two min ago