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Compensation after stealing accusation and tripping in a club

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    #32
    My name is URL
    Registered Users Posts: 25,067 ✭✭✭✭My name is URL


    Greenmachine wrote: »
    Sound like the lady accused of shoplifting deliberately made a scene and exaggerated the impact of the accusation to rile up sympathy in the judge.


    She deliberately made a scene so that one year later, a judge would have sympathy for her? lmao

    The court decided that she was defamed. Sympathy doesn't come into it. It's a simple 'was she / wasn't she' question. And she was obviously defamed when the security guard publicly accused her of stealing when in earshot of others.


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    #33
    [Deleted User]
    Posts: 25,611 ✭✭✭✭ [Deleted User]


    My name is URL wrote: »
    She deliberately made a scene so that one year later, a judge would have sympathy for her? lmao

    The court decided that she was defamed. Sympathy doesn't come into it. It's a simple 'was she / wasn't she' question. And she was obviously defamed when the security guard publicly accused her of stealing when in earshot of others.
    Is an incorrect accusation always defamation?


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    #34
    hynesie08
    Registered Users Posts: 9,706 ✭✭✭hynesie08


    [Deleted User] wrote: »
    Is an incorrect accusation always defamation?

    Not always, definitely in this case.


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    #35
    Barely There
    Closed Accounts Posts: 2,481 ✭✭✭Barely There


    Afroshack wrote: »
    Can anyone explain to me how these compensation amounts are awarded?!
    A judge listens to the evidence and decides an amount to award

    Afroshack wrote: »
    On what planet does being accused of shoplifting win you that amount?
    Earth.


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    #36
    My name is URL
    Registered Users Posts: 25,067 ✭✭✭✭My name is URL


    Deleted User wrote: »
    Is an incorrect accusation always defamation?

    That's why these things are civil rather than criminal matters. There's no one-size-fits-all for this stuff.

    The only thing that matters in this case is that a judge deemed it to be defamatory.


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    #37
    Ms. Koi
    Registered Users Posts: 2,168 ✭✭✭Ms. Koi


    I had a security guard follow me around a shopping centre, into every single shop I went into, simply because I was wearing a school uniform (going back quite a while here!). I got really angry at him and asked for a manager, who came down and told me that the guard had misinterpreted the management guideline on teenagers in the shops. He was new to the company and didn't have a lot of English at the time. He apologised profusely and when I went back a while later, he apologised again. Years later, we're good pals. I could have gone further with it, but it was a mistake, nothing else.

    The woman must have been really upset by what the security guard had done to take it this far, so it's right that she be compensated. If she was a nervous person or had anything going on in her life, as someone above said, this could have been one event too many for her.


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    #38
    [Deleted User]
    Posts: 26,052 ✭✭✭✭ [Deleted User]


    Deleted User wrote: »
    No he didn't.

    Funny how when a judge does something one agrees with one has no reason to doubt the judgement.

    No kidding.

    The shop and the premises were found in the wrong.
    Most people have a problem with an inadequate sentence or punishment.

    Its not the judgement people have an issue with here it's the punishment, which doesn't appear inadequate or inappropriate in my opinion.


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    #39
    ToddyDoody
    Registered Users Posts: 4,421 ✭✭✭ToddyDoody


    Its ok, a sizeable amount of the awards are usually given to charity.


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    #40
    tayto lover
    Registered Users Posts: 51,652 ✭✭✭✭tayto lover


    131spanner wrote: »
    Daughters birthday or not, a 64 year old shouldn't be in a night-club :D

    Ageism :eek:


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    #41
    Reformed Character
    Closed Accounts Posts: 710 ✭✭✭Reformed Character


    Afroshack wrote: »
    On what planet does being accused of shoplifting win you that amount?

    If I was wrongly accused of being a thief, and had my friends, neighbours , and the general public question that "there is no smoke without fire", I would be suing in the High Court not the Circuit Court and looking for a lot more than €20,000.


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    #42
    Reformed Character
    Closed Accounts Posts: 710 ✭✭✭Reformed Character


    Deleted User wrote: »
    Is an incorrect accusation always defamation?

    The standard of proof required would be that a reasonable person witnessing or aware of the incident would hold the belief that she was a thief, that of course is without consideration of the great distress anyone would feel by being wrongly accused by some minimum wage "wanna be a cop" .


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    #43
    Shakespeare's Sister
    Closed Accounts Posts: 3,412 ✭✭✭Shakespeare's Sister


    Oh god I do think needing anti-depressants seems dubious.

    Although, I don't get bothered by stuff like the alarm going off because of tags not being demagnetised properly, my credit card or debit card not going through the machine because of a dial-up issue etc.

    If a security guard blatantly said "You stole that" I'd obviously be really annoyed, but I don't know that I'd take it to court.


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    #44
    Apex Predator
    Closed Accounts Posts: 14 ✭Apex Predator


    131spanner wrote: »
    Daughters birthday or not, a 64 year old shouldn't be in a night-club :D

    Unless your last name is Jagger! ;)


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    #45
    BetterThanThou
    Registered Users Posts: 944 ✭✭✭BetterThanThou


    I got accused of shoplifting once when I walked into a shop wearing a hat I had previously purchased from the same shop. I reported it to the manager and he gave me €50 store credit, which was very nice of him, but I thought that was overkill for such a minor incident. Being awarded 18k for a similar incident is insane.


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    #46
    Aint Eazy Being Cheezy
    Registered Users Posts: 4,630 ✭✭✭Aint Eazy Being Cheezy


    BetterThanThou wrote: »
    I got accused of shoplifting once when I walked into a shop wearing a hat I had previously purchased from the same shop. I reported it to the manager and he gave me €50 store credit, which was very nice of him, but I thought that was overkill for such a minor incident. Being awarded 18k for a similar incident is insane.


    Ever hear the phrase "Innocent until proven guilty"? A security guard can't just accuse you of stealing, and you have to prove you didn't steal.


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    #47
    PLUG71
    Registered Users Posts: 640 ✭✭✭PLUG71


    Afroshack wrote: »
    A Dublin woman has received 20K and been prescribed antidepressants for being accused of shoplifting.

    Another woman was offered 18K for tripping off a step.

    Link to the first story here

    http://www.independent.ie/irish-news/courts/dublin-hairdresser-29-awarded-20000-in-damages-against-mothercare-uk-for-defamation-30380416.html


    Link to the second

    http://www.independent.ie/irish-news/courts/woman-awarded-almost-18000-in-damages-after-fall-in-dublin-nightclub-30384038.html

    Is this for real? I got stopped and searched in Tesco's last week as they thought I had taken something. Turns out they made a mistake, apologised and we all went our merry way. Not to mention the many, many times I have tripped over something in a nightclub. Can anyone explain to me how these compensation amounts are awarded?! On what planet does being accused of shoplifting win you that amount?

    If what you are saying about the stop and search is true you have grounds to sue for false arrest!

    Also there are plenty of scumbags out there that know how easy it would be to set up security staff to enable them to make a claim for wrongfull arrest / defamation!


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    #48
    Arthur Beesley
    Closed Accounts Posts: 2,537 ✭✭✭Arthur Beesley


    desultory wrote: »
    Did you even read the article?

    No.


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    #49
    end of the road
    Registered Users Posts: 28,997 ✭✭✭✭end of the road


    Afroshack wrote: »
    A Dublin woman has received 20K and been prescribed antidepressants for being accused of shoplifting.

    Another woman was offered 18K for tripping off a step.

    Link to the first story here

    http://www.independent.ie/irish-news/courts/dublin-hairdresser-29-awarded-20000-in-damages-against-mothercare-uk-for-defamation-30380416.html


    Link to the second

    http://www.independent.ie/irish-news/courts/woman-awarded-almost-18000-in-damages-after-fall-in-dublin-nightclub-30384038.html

    Is this for real? I got stopped and searched in Tesco's last week as they thought I had taken something. Turns out they made a mistake, apologised and we all went our merry way. Not to mention the many, many times I have tripped over something in a nightclub. Can anyone explain to me how these compensation amounts are awarded?! On what planet does being accused of shoplifting win you that amount?
    both businesses were in the wrong, however in relation to the first case i think the woman was milking it a little

    ticking a box on a form does not make you of a religion.



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    #50
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Reformed Character wrote: »
    If I was wrongly accused of being a thief, and had my friends, neighbours , and the general public question that "there is no smoke without fire", I would be suing in the High Court not the Circuit Court and looking for a lot more than €20,000.

    Over 70k if you want to instigate in High Court afaik....


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    #51
    coffee_cake
    Moderators, Category Moderators, Politics Moderators, Recreation & Hobbies Moderators, Society & Culture Moderators Posts: 81,309 CMod ✭✭✭✭coffee_cake


    Magaggie wrote: »
    Oh god I do think needing anti-depressants seems dubious.

    Although, I don't get bothered by stuff like the alarm going off because of tags not being demagnetised properly, my credit card or debit card not going through the machine because of a dial-up issue etc.

    If a security guard blatantly said "You stole that" I'd obviously be really annoyed, but I don't know that I'd take it to court.

    I was stopped as a teen in a shop as another place had forgotten to take the tag off something and it set the alarm when I was leaving shop 2. The security guard was so ...careful... "Do you mind if I check someone's probably forgotten to take the tag off, now nobody is saying you're shoplifting or anything okay, it's probably just a tag..."
    Got it removed and went on my way


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    #52
    Gone Drinking
    Registered Users Posts: 2,809 ✭✭✭Gone Drinking


    Duracell Bunny wrote: »
    You let supermarket security staff search you? I would in my ass, I'd show them a receipt or something without any bother, but no way would I voluntarily turn out my pockets for them. Accuse me if you like lads, but make sure you're right!

    You'd let them search you in your ass?


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    #53
    Cienciano
    Registered Users Posts: 14,232 ✭✭✭✭Cienciano


    If anyone thinks €20k is right for the security guard one, they're living in cloud cuckoo land. Max about €200. I reckon cartoon euro symbols appeared in her eyes when it happened.
    Gone Drinking wrote: »
    You'd let them search you in your ass?
    Best post ever!


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    #54
    OldNotWIse
    Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Money for nothing.


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    #55
    hynesie08
    Registered Users Posts: 9,706 ✭✭✭hynesie08


    Jaysus lads, some of the comments about the anti depressants are a bit harsh, no wonder people are afraid to discuss their mental health with those kind of opinions floating around.


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    #56
    Shakespeare's Sister
    Closed Accounts Posts: 3,412 ✭✭✭Shakespeare's Sister


    hynesie08 wrote: »
    Jaysus lads, some of the comments about the anti depressants are a bit harsh, no wonder people are afraid to discuss their mental health with those kind of opinions floating around.
    I've taken them myself. I genuinely can't understand how such an incident would just cause a need for anti-depressants out of the blue.
    That's not how depression happens.


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    #57
    [Deleted User]
    Posts: 26,052 ✭✭✭✭ [Deleted User]


    Magaggie wrote: »
    I've taken them myself. I genuinely can't understand how such an incident would just cause a need for anti-depressants out of the blue.
    That's not how depression happens.

    If someone is having other issues and problems, it might tip the balance on them. Reactive depression is common enough.

    ETA: Anti-d's are used as a treatment for anxiety too, and I can see how being publicly stopped, searched, accused etc, could contribute to anxiety as well as maybe spark depression in someone vulnerable.


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    #58
    hynesie08
    Registered Users Posts: 9,706 ✭✭✭hynesie08


    Magaggie wrote: »
    I've taken them myself. I genuinely can't understand how such an incident would just cause a need for anti-depressants out of the blue.
    That's not how depression happens.

    But we don't know this womens history, all I'm saying is if people are talking like this, it could cause a fear in people who need them.


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    #59
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    Magaggie wrote: »
    I've taken them myself. I genuinely can't understand how such an incident would just cause a need for anti-depressants out of the blue.
    That's not how depression happens.

    Me too. Can't say I would grab at someone to blame for my anxiety or depression thou.


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    #60
    Greenmachine
    Registered Users Posts: 5,063 ✭✭✭Greenmachine


    bluewolf wrote: »
    I was stopped as a teen in a shop as another place had forgotten to take the tag off something and it set the alarm when I was leaving shop 2. The security guard was so ...careful... "Do you mind if I check someone's probably forgotten to take the tag off, now nobody is saying you're shoplifting or anything okay, it's probably just a tag..."
    Got it removed and went on my way


    Ideal way to deal with it really. Shop I work in get fleeced every day. We have to be absolutely sure before we would stop anyone. In some case it means running upstairs after they leave and checking the security tape to see if we need to play closer attention to the person the next day. Plenty will come in buggy and children in toe and steal.


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    #61
    --LOS--
    Registered Users Posts: 11,028 ✭✭✭✭--LOS--


    Can you really refuse to be searched? I had my bag searched recently in Lidl, while I was at the ****ing till paying for stuff!! It was pretty embarrassing to be singled out like that. It always happens to me for some reason, but this particular lidl, security always follow me around, just coz they assume I'm young and I'm on my own maybe? I get so sick of being treated like crap because people mistake me for being younger, I can't think of any other reason for it.


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