Compensation after stealing accusation and tripping in a club

Afroshack

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?

desultory

Did you even read the article?

o1s1n

I find it odd that you were wrongly accused of shop lifting and didn't make a scene?

michael999999

I bet you had the stuff hidden in your hair!

hynesie08

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.

This never really happened did it?

crockholm

Ah Dublin, a tripping/falling over based economy if ever there was one

Afroshack

hynesie08 wrote: »

This never really happened did it?

Yes, but the alarms did go off when I was leaving, thankfully the items were well concealed

Aint Eazy Being Cheezy

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!

hynesie08

Afroshack wrote: »

Yes, but the alarms did go off when I was leaving, thankfully the items were well concealed

Thought so, never happened.

tayto lover

There are some very scary stories under that article in the first link OP.
Very scary indeed.

suicide_circus

Anti depressants and sleeping tablets because someone wrongly accused you of shoplifting..................

BMJD

suicide_circus wrote: »

Anti depressants and sleeping tablets because someone wrongly accused you of shoplifting..................

Cold hard cash cured it. ..whoda thunk it

the_syco

Afroshack wrote: »

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

Barrister Michael Vallely, counsel for Ms Kearns, told the Circuit Civil Court she had since been treated for depression and had only recently been put on a reduced dose of antidepressants.

She must be fairly fragile if she had to be put on antidepressants after the incident. I'd wonder if the solicitor rather than a doctor given her that idea?:rolleyes:

Afroshack wrote: »

Link to the second

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

Can't see any problem with this. Although most nightclubs usually turn up the lights to signal people to get out, it sounds like a fuse tripped, and the backup lightening was insufficient. It's lucky more people weren't injured.

If someone stopped me and accused me of stealing, I'd probably be so shocked that I wouldn't make a scene at the time either.

Damn right they should pay compensation, they accused a person of theft in a busy store during a sale and sullied her good character and they shouldn't get away with flinging those accusations at people.

The alternative is that bad security staff could ruin a persons reputation and even falsely imprison them with an accusation of something that they have no evidence of. The woman had receipts.

The Tallaght one, I'm not so sure. Public places have a responsibility to be safe for patrons, and if the area she fell off the step in is unlit and she didn't see it, then she was injured through no fault of her own and it's proper they should pay damages as they didn't keep their premises safely lit for patrons.

131spanner

Daughters birthday or not, a 64 year old shouldn't be in a night-club

Aint Eazy Being Cheezy

I can't see anything wrong with either of those two cases, apart from the dubious nature of the shoplifting accused's injuries.

Security staff have to be 100% certain any shoplifter still has the goods on them when they detain them, or they're leaving themselves open to a claim. It's why shoplifters often work in pairs, so if searched they've often handed the goods to an accomplice.

In the nightclub case an independent engineer found the lighting to be inadequate. End of story.

My name is URL

Afroshack wrote: »

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.

Mistake or not, you're a bigger fool for being okay about being searched in a very public place by someone with absolutely no authority to do so.

desultory

My name is URL wrote: »

Mistake or not, you're a bigger fool for being okay about being searched in a very public place by someone with absolutely no authority to do so.

It didn't happen though

Greenmachine

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.

And the security spat at her? Why does anyone have a problem with this?

A public place leaves steps unlit and when someone gets injured they're supposed to just shrug their shoulders?

There's far dodgier cases for compensation to be found out there than these two.

Greenmachine

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.

The judge has seen and heard it all, and described this as a serious case of defamation. I see no reason to doubt them.

Galwayguy35

Candie wrote: »

And the security spat at her? Why does anyone have a problem with this?

A public place leaves steps unlit and when someone gets injured they're supposed to just shrug their shoulders?

There's far dodgier cases for compensation to be found out there than these two.

That's just her saying her spat her though, we don't know if this is true or not.

Candie

Candie wrote: »

And the security spat at her? Why does anyone have a problem with this?

No he didn't.

Candie wrote: »

The judge has seen and heard it all, and described this as a serious case of defamation. I see no reason to doubt them.

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

hynesie08

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.

Ever been accused of something you didn't do? Most people don't stay calm in that situation.

Greenmachine

Candie wrote: »

The judge has seen and heard it all, and described this as a serious case of defamation. I see no reason to doubt them.

The judiciary in this country are a joke. Unless you are particularly knowledgeable on the particular judge how can you say with any confidence he has seen it all.

col.in.Cr

http://youtu.be/jrwjiO1MCVs

Greenmachine

hynesie08 wrote: »

Ever been accused of something you didn't do? Most people don't stay calm in that situation.

Security Guard: Have you paid for that.
Me: Yes I have the receipt in my wallet.
Security Guard: Okay that's grand

hynesie08

Greenmachine wrote: »

Security Guard: Have you paid for that.
Me: Yes I have the receipt in my wallet.
Security Guard: Okay that's grand

5 mins later

"that **** after calling me a thief."

Also that'd be one ****e security guard.

hynesie08

hynesie08 wrote: »

Ever been accused of something you didn't do? Most people don't stay calm in that situation.

I usually calm down before I need anti-depressants.

hynesie08

[Deleted User] wrote: »

I usually calm down before I need anti-depressants.

I'm talking the immediate aftermath, besides I'm guessing neither of us are qualified to diagnose depression.

MacBizzle

the_syco wrote: »

She must be fairly fragile if she had to be put on antidepressants after the incident. I'd wonder if the solicitor rather than a doctor given her that idea?:rolleyes:.

The smallest things can throw people over the edge, it's not fair to comment on it without knowing the full details. For all we know she could have went through a traumatic experience in the days previous, which would explain the reaction.

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.

My name is URL

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?

hynesie08

[Deleted User] wrote: »

Is an incorrect accusation always defamation?

Not always, definitely in this case.

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.

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.

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.

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.

ToddyDoody

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

tayto lover

131spanner wrote: »

Daughters birthday or not, a 64 year old shouldn't be in a night-club

Ageism :eek:

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.

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" .

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.

Apex Predator

131spanner wrote: »

Daughters birthday or not, a 64 year old shouldn't be in a night-club

Unless your last name is Jagger!

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.

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.

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!

Arthur Beesley

desultory wrote: »

Did you even read the article?

No.

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

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....

Magaggie

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