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In South Carolina, under certain circumstances, a retail establishment may briefly detain an individual it believes has shoplifted to determine whether those suspicions are based in reality. However, if the store detains someone for an unreasonable amount of time or in an unreasonable manner, near The Dunes or in Wither Heights, that person may wonder, “Can I sue for false imprisonment after a shoplifting accusation in Myrtle Beach, SC?”
Understanding Shoplifting Charges in Myrtle Beach, SC
Before you can understand how to file a false imprisonment claim after being accused of shoplifting, it is important to first understand shoplifting charges. Across the nation, shoplifting cases are on the rise.
One study released at the end of 2024 showed that shoplifting incidents had increased by 26% over the past few years, and that in 2022, South Carolina retailers lost $1.126 billion in revenue to theft. Shoplifting in Myrtle Beach can consist of one or more of the following actions:
- Removing merchandise from a store or other retail establishment
- Swapping out tags on merchandise to get a better or cheaper price than the actual item is worth
- Moving items from one area of the store to another
It is important to keep in mind that there must be intent to steal the items for a case of shoplifting to exist. If an individual simply forgets to pay for an item, they are not guilty of shoplifting under state law.
Additionally, if a person is walking through a store absentmindedly, places something in their bag, and intends to pay for it but forgets, this is not shoplifting. A Myrtle Beach criminal defense lawyer can help clarify such situations. Shoplifting can carry serious penalties, including jail or prison time and tens of thousands of dollars in fines.
In South Carolina, retail owners are protected by a law known as the shopkeeper’s privilege. This law allows them to briefly detain someone they reasonably suspect is shoplifting. However, this law does have its limits, which is where a claim for false imprisonment comes in.
Filing a Claim of False Imprisonment for Shoplifting Accusations
If you or a loved one has been accused of shoplifting in Myrtle Beach and detained by the shop owner or an employee in a reasonable manner, then you likely are not entitled to a claim if the incident is quickly resolved. However, if your imprisonment lasts for a significant period and the store does not contact the police, you may be able to file a false imprisonment claim.
Additionally, if the store places you under physical restraint or keeps you locked in a back room for a long period of time, you likewise may have rights to file a claim. No matter what the store owner or an employee suspects, you have rights, and when these rights are violated, a Myrtle Beach false imprisonment lawyer can help you understand your options and determine whether you may be able to file a claim for damages.
To successfully file a claim for false imprisonment and recover fair and full compensation, you must be able to meet the following elements:
- The store, an agent of the store, or an employee intended to imprison or detain you
- You were detained in boundaries that were not of your choosing
- You were aware that you were being detained or imprisoned against your will
- There were no reasonable means of escape
About Axelrod & Associates, P.A.
With over 100 years of combined experience, the team at Axelrod & Associates, P.A. is here to protect your rights after suffering a false imprisonment due to shoplifting allegations. Since our firm was established in 2005, we have been helping residents of Horry County and the surrounding areas seek compensation and justice after being falsely accused, arrested, or imprisoned. Let us come alongside you and protect your rights today.
FAQs About Can I Sue for False Imprisonment After a Shoplifting Accusation in Myrtle Beach, SC
What Are My Rights in a False Arrest Situation in SC?
You have rights in a false arrest situation in SC. It is important to be aware of them. Under the 4th Amendment, you have the right to be protected against any unreasonable searches and seizures. You also have the right to contest the charges and challenge the arrest itself. Speak to an attorney to learn more about your rights.
Under What Circumstances Might I Be Falsely Imprisoned for Shoplifting?
There are many circumstances that can arise under which you might be falsely imprisoned for shoplifting. One of the most common situations we have handled includes:
- Cases where the victim was merely present while another party was actually shoplifting
- A victim was using their own shopping bags in a store, such as reusable grocery bags.
- Cases where the victim unknowingly picked up an item whose tag had been swapped out by another person.
Is False Arrest Different From False Imprisonment?
False imprisonment and false arrest are different terms. False imprisonment includes a larger range of conduct than false arrest. These two scenarios are extremely similar and are often discussed in tandem. While false or wrongful arrest is the detaining of an individual without probable cause or a warrant, false imprisonment is the intentional restriction of another individual’s freedom or movement.
What Damages Can I Recover for False Imprisonment?
There are several damages you may be able to recover for false imprisonment in a shoplifting accusation case. First, it is important to realize that being falsely imprisoned can lead to suffering from defamation, loss of freedom, humiliation, and embarrassment. You may be able to recover damages tied to all of these forms of pain and suffering, as well as punitive damages against the store owner or employees in certain cases.
Hire a Wrongful Arrest Lawyer Today
If you experienced false imprisonment in Myrtle Beach due to an unfounded accusation of shoplifting, it is important that you hire a wrongful arrest lawyer as soon as possible. At Axelrod & Associates, P.A., we are here to listen to your side of the story and help you file a claim should false imprisonment be proven. You have rights, and our team of experienced defense attorneys is here to protect those rights. Contact us today to learn more and schedule your consultation.
