Wal-mart’s Long History with Shoplifting
Wal-Mart, one of the largest and most successful chain retail stores, provides discount goods to consumers all across the country. The giant big box stores sell food, clothing, electronics, furniture, and even tires. Due to the vast numbers of customers entering the stores each day, Wal-Mart has long had a serious problem with shoplifting. Common schemes include taking items without paying, removing electronics from boxes that contain security sensors, and returning broken or stolen merchandise for a full refund.
In response to widespread theft, Wal-Mart initiated a comprehensive loss prevention program. Each Wal-Mart is equipped with an extensive security camera system. In addition, multiple loss prevention officers are on staff at any given time. Some sit in a room and monitor the video feed while others patrol the store in plain clothes. In addition, some security officers are in full uniform with handcuffs and weapons.
When someone trying to steal something, the loss prevention team is permitted to stop, question, and temporarily detain the individual while they wait for the police to arrive. However, some security officers have begun taking their jobs too seriously, resulting in injuries and even deaths. In addition, many local Wal-Marts have become havens for criminal activity, placing a severe burden on the local police force, especially for smaller towns.
Mayor Declares Wal-Mart a Public Nuisance
A public nuisance is a civil violation or crime that harms the community’s safety, welfare, morals or use of public property. In the town of Beech Grove, Indiana, public nuisance is a crime that is punishable by fine. Mayor Dennis Buckley declared the local Wal-Mart as a public nuisance following a string of incidents:
- During one incident, an individual stole something from the store. The police embarked on a high speed chase that ended in a deadly car crash with two civilian cars, claiming the life of an innocent, uninvolved passenger.
- During another incident, an individual stole something, then ran to a local restaurant where he committed suicide.
- In yet another incident, a group of women were involved in a violent brawl in the shampoo aisle.
Often times, the loss prevention team is accused of excessive force when stopping shoplifting suspects. When suspects are not fully compliant, security officers are allowed to use special hand controls. These hand controls involve safe and effective take-down of a suspect. More force than is reasonably necessary is not allowed. Excessive force is a tort action for personal injuries.
Constant complaints about the Wal-Mart (over 1,200 in the past few months) and a drain on police resources led the mayor to label Wal-Mart as a public nuisance, which allows local police to fine Wal-Mart every time they have to go to the store for an incident. In addition to fines, Wal-Mart may also face tort liability for being a public nuisance when another individual or business is injured as a result.
Authored by Jessica Long, LegalMatch Legal Writer
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