Walmart Shoplifter Dies In Parking Lot

[Duchess]

These are an attorney's words, not mine...

A merchant can physically detain you as a suspected shoplifter, but may run the risk of being liable for false arrest, false imprisonment, excessive use of force, and/or assault if his suspicions are incorrect. Walmart can defend this claim by eyewitness testimony or security camera tapes. Need more facts here and what really happened.

Generally a store has a privilege called the "Merchant or Shopkeeper's Privilege" to allow merchants to make reasonable investigative detentions of a customer suspected of shoplifting. Though such laws are not clear as to what exactly constitutes "reasonable" and "detainment". Each case is fact driven. Further, the Shopkeeper's privilege allows for reasonable force and a detainment in a reasonable manner (one hour may or may not be reasonable).