Bucci & Dix

Walmart Verdict Should Give Pause

The recent verdict returned by a Loudoun County jury against Walmart should give business owners pause.  Claims of false imprisonment, defamation, and assault and battery are common premises liability causes of action particularly in the retail sector.  Whether it be hypersensitivity of a post-9/11 world, a perceived increase in crime in America, or concerns related to the state of the economy, businesses are taking increasingly vigilant measures to prevent theft loss.  However, in doing so, businesses need to ensure that they do not eliminate sound business judgment and good customer relations in favor of stricter theft loss prevention.  Businesses should reserve heavy-handed theft loss prevention measures to only those cases where there is probable cause to believe shoplifting has occurred.