Being accused of shoplifting when you’ve done nothing wrong is not only embarrassing but also potentially damaging to your reputation. In California, a wrongful accusation can sometimes lead to a lawsuit against the store for false arrest or defamation.
If this has happened to you, here are some key points to remember.
Common reasons for wrongful accusations
Mistaken identity is a common cause. You may resemble someone who shoplifted in the past. Poor video footage, snap judgments or just being nearby at the wrong moment can all play a role.
Other accusations happen because of honest mistakes. A shopper might forget to scan an item, especially at self-checkout. Anti-theft alarms can malfunction. People carrying unpaid items while distracted may be misjudged.
Sadly, some accusations are based on bias. Racial profiling or assumptions about age or appearance can lead to unfair targeting.
When a store crosses the line
California law allows businesses to detain suspected shoplifters if they have reasonable cause and use reasonable methods. However, if someone is held without cause for too long or treated harshly, the store could be liable for false imprisonment.
If staff members make the accusation in front of others, and it harms your reputation, there may also be grounds for a defamation claim.
If you were wrongfully accused, detained or embarrassed in public, you may have a case. A civil lawsuit can help recover damages for emotional distress, reputational harm or lost income.
False arrest laws and defamation are complex. That’s why it’s so important to seek legal guidance when you believe you have a claim.
