QUESTION
If you make a purchase at a store, but accidentally walk out with an item unpaid for, Is it legal for a store to refuse to let them pay for the item?
Asked on Apr 23rd, 2012 on Criminal Law - Virginia
More details to this question:
My boyfriend went to a store (that will remain nameless) to make a purchase. He purchased the item then remembered he had to get my prescription filled, so while waiting at the pharmacy, he was reading information on another item (that cost hardly anything). When they called his name to the pharmacy counter, he put what he was looking at on top of the items he had already purchased which were bagged up. He remembered he had to buy one more thing and the item that he had been looking at. Well, they didn''t have the other item he needed, so he left the store forgetting about the item that he had been looking at, Lose prevention chased him out of the store and he told them it was an accident and he would pay for it, but they wouldn''t let him. What should we do?! Do you think we need a lawyer? And why didn''''t they just let him pay for it?
1 ANSWER
1 Award
The store is not required to allow him the opportunity to pay for the item. The law says that the slightest asportation (movement) of an item can be sufficient to constitute at least an attempted theft. From their perspective, he picked up an item, concealed it along with paid items, and left without paying. He can certainly take the matter to trial and present his side of the story. If there is a witness that was with him, that would be helpful. You might consider consulting an attorney to help with preparing the case.
This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.
Answered on May 15th, 2012 at 8:21 PM
Please note that this does not constitute an attorney-client relationship nor is it legal advice.