A man who purchased a lawn tractor at the Edwardsville, IL Home Depot went back inside to buy some more stuff while employees loaded his tractor onto his truck.
After his items were placed in a Home Depot bag, he says he was stopped by the manager and accused of shoplifting the items.
From the Madison County Record:
“The manager alleged that the plaintiff stole the items he purchased for $19.12,” the complaint states.
Marshall alleges the Edwardsville Police were called to the scene to investigate the allegations he shoplifted and throughout the investigation he was able to produce the receipt for the items that were alleged to be stolen.
He claims that the false allegations of theft to the Edwardsville Police caused him to suffer mental anguish, emotional distress and a loss of earning.
Represented by Brian Polinske of Edwardsville, Marshall is seeking damages in excess of $50,000, plus costs of the suit.
Why on earth would anyone buy a tractor that costs $3,200 and then shoplift $20 worth of stuff? Even if he did shoplift $20 worth of stuff—he just bought a $3,200 tractor. Who cares? If we owned a store we’d have a policy that anyone who pays over $3k for a glorified lawnmower gets to shoplift at least $30 worth of stuff before we call the cops.
Home Depot customer claims he was falsely accused of shoplifting [Madison County Record]
(Photo:kilgore)
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Frivolous lawsuit. No way is that worth $50k.
@howie_in_az:
“I’d be returning that $3200 lawnmower in addition to the $19.12 worth of other items.”
Yea me too.
As others have mentioned a receipt does not mean the product was not stolen. The idea of buying something and then going back in and stealing a second set of items is not that uncommon. In the case of this a time stamp on the receipt and the stores security cameras can clear it up very fast.
Not sure how this case really went down but it does seem pretty bad.
@cosby:
But is it really JUST to drag random people through the mud just because you have a suspicion (no proof) that they might have stolen something?
Or would you rather use hard facts like security cameras and other verifiable methods of proof before you risk a confrontation?
I’d take the second option if I were running a business. It takes all of 10 seconds to have the guy in the backroom watching the cameras to point out that someone has committed a crime.
Is $20 dollars is worth more than customer satisfaction and respect?
As it is I’m turned off from shopping at Home Depot now.
First off, for those of you saying he should just show the receipt to the manager, he has EVERY right not to do so, WITHOUT being detained for shoplifting. It is the burden of the store to prove the person shoplifted. That means seeing the person pick up items, and leave without paying for them- without ever loosing site of them. I worked 5 years loss prevention for a national retailer, this manager was COMPLETELY in the wrong.
And for those that say that $50,000 is too much, this isn’t an isolated event. This happens fairly frequently throughout the country. Until it starts hitting the companies pocketbook, it will continue. One of the previous posters is right, the manager should have been arrested for illegal detention- but that never happens.
@Brad2723: Frivolous???? How would you like to be stopped, accused and detained in front of an entire store? This event probably took hours to sort out, after this guy was intimidated and threatened by HD staff and then intimidated by the police. People accused of stealing rarely, if ever, get the benefit of the doubt, and are treated as if they were convicted before they are even charged. Add to that the follow up stuff he has to do, and the possibility that he will miss work to straighten this out…
I’d imagine you’re of the mindset that the RIAA has every right to intimidate and bully innocent people into settlements… If you believe this, you have no business being on a pro-consumer website.
THOMFABIAN, nearly the same thing happened to be at a local Meijer. I got to my truck after buying groceries only to discover that I had a bag of cat food in the lower deck of the cart I never paid for. After unloading my truck and going back in the store with the cart and cat food I too was treated like a criminal. God, I’m the one who noticed it and came back! I wasn’t detained and the police weren’t called, I was just annoyed at being accused something I was in the process of remedying.
BRAD2723, apparently you have no idea what it means to file a frivolous lawsuit. A frivolous lawsuit is one filed without any basis in law or fact.
Based on the article it is clear that the lawsuit has merit and is in no way frivolous. He was publicly and falsely accused of committing a criminal act. That’s prima facie proof of slander.
You might not like the amount of damages being sought, I too think it’s excessive, but that’s a determination of the jury and no way relates to whether the underlying lawsuit is frivolous.
Fortunately, I’ve never been in this situation, but I fear it is only a matter of time. Competence in general retail seems to be on the decline rather than on the rise.
In the back of my mind, I carry around a warning that I would use in situations like this. It is for the manager involved, and it goes something like “the decisions you are about to make could end your career, I’d be very, very careful if I were you…”
Not to be said in a threatening manner, but just a matter of fact, which indeed is the case. As consumers, we can only tolerate a certain level of incompetence, beyond that, it must be challenged with whatever means available.
When I was about 10 or so and far less honest, one of my favorite tricks to shoplift was to stuff my backpack with snacks and junk. Then go buy a coke or candy bar, they never suspected you if you were buying something.
As far as this guy I would say a lawsuit was the only way he can really get HD to give a damn. I helped the LP at BB when I was going to college. You had to follow the item the whole time it was being carried by the thief. If you lost it or didn’t see it being put in a bag, coat etc you couldn’t try to stop the person. I think the LP here was just trying to be billy badass and push people around.
If he asks for $50,000 that means he’ll SETTLE for less.
@Rectilinear Propagation:
You obviously do not have a job that requires a security clearance.
@ThomFabian:
I think they were kidding about shoplifting. As a matter of fact, I’m sure of it. I would have returned the lawn tractor and told them to kiss my butt, then I would have done the EECB and let them know what happened. I wouldn’t waste my time with a lawsuit.
I’d also send pictures of my freshly mown lawn (with a tractor bought at Sears).
Personally, although I’d like to see the guy win the case, I’d also like to see the money go to a local charity, because I don’t believe the guy necessarily endured $50,000 worth of suffering. I think the store, on the other hand, should get a good swift kick in the rear and a nice slap on the face, and perhaps the fine would give them incentive to train their staff to think twice before publicly accusing someone of a crime and calling the police.
The part that bothers me, though, is that I too think there’s a key piece of the story that’s missing which might sway my opinion in either direction. The whole thing doesn’t sound right. Why *would* anyone buy a $3200 tractor and then steal $19.12 worth of fasteners…and if they were in a bag and the guy had a reciept, what would have led the manager to believe the guy stole anything in the first place?
@DJ-Pandemic: Why, would a job with security clearance make me psychic?
@thebobfiles: Did your comment just pop up in the wrong thread?!?
Is this what happens to the disappearing comments? Are they just jumping to other threads?
@82300sd:
Accusing a person of a crime is considered “lible per se” which means the “injured” party doesn’t have to prove any actual damages. The person making the statement is liable for punitive damages for making the false statement. Period. The reasoning is simple: you don’t get to run around casually accusing people of criminal conduct with no consequences.
When I become dictator lawsuits like this will have a minimum of $100,000 in damages. The plaintiff will get whatever he actually lost, in this case an hourly rate for his time and perhaps a 10×10 sign in the story apologizing.
The remained of the money will go to charity chosen by a jury. That way the store gets fined and the plaintiff gets nothing.
The manager should be arrested for wasting police time. Screw the money, that’s real accountability right there. Though the guy should be awarded the amount of the tractor as well.
Mental note: Apparently I can enter and leave Home Depot once per day. Once I leave, I can’t go in again or I’ll be accused of stealing.
This is really quite ridiculous on HD’s part, and humiliating for the plaintiff. I’d sue too, especially since my employer might not like having me around until I was cleared (thus resulting in “loss of earning”).
Time to bring Judge Wapner out of retirement.
This lawsuit and others like it are the modern equivalent of pulling out his gloves and slapping the manager across both sides of his face to issue a challenge to a duel (or just punching out his lights) for impugning his integrity. You go, guy!
Home Depot? The manager should be fired for stopping a shoplifter.
If it was me this is how it would have gone down
Sir I believe you didn’t pay for that stuff
Me> Are you kidding I just stepped out of the check out here is the receipt.
Not good enough I have called the police.
Me> Good and while the police are on there way could you get some one to unload the $3200 tractor I just purchaced I would like my money back NOW.
No need sir I was mistaken sorry
Me> No we’ll wait for the police and please unload the tractor. and after the police get here and all is cleared up I would like my money back for the products I am being accused of stealing. I assure you this missunderstanding will never happen again as I or any one I know will never spend another penny at your store.
I would make sure every one around us could hear the conversation. should do enough damage without a lawsuit. See how many people put there stuff back and leave the store. word would get around.