Assault in supermarket

[LD_DOLL1611]

My brother was accused of shoplifting in a well known supermarket on Friday evening. He was knocked to the ground by a male (quite heavy built) member of staff (not a security guard) and is now in severe pain with a twisted back, hip and knee. He is also very badly bruised all over his hip.
Does anyone know if he can take action against the supermarket in question.
They did call the police but my brother was let go without charge.

[Ann]

Didn't they have CCTV cameras?

[askyourgran]

He should have photographs taken of his injuries or a visit to A&E before the bruising fades. Then I would speak to a solicitor about it. No one should suffer injuries because of over-enthusiastic staff.

[ummmm]

How was he knocked to the ground? Was he running?

[LD_DOLL1611]

They did have CCTV and my brother asked to see it but they said no and then the police went and looked at it and came back and let him go.

[sandyRoe]

I didn't think you could be accused of shoplifting until you had tried to leave the store.
He needs a lawyer and some evidence of his injuries.

[ummmm]

People have been banned from Tescos for 'acting' suspiciously.

[LD_DOLL1611]

Not running ....walking towards the cigarette counter to pay for 1 item he had picked up in the store.

[ELVIS68]

Was he shoplifting? if not then tell him to seek legal advice, if he was then good on the member of staff that knocked him to the ground, serves him right, Every little helps!

[Maydup]

Guilty or not, there's no need to bring him to the ground unless he's assulting them or attempting to escape with the goods. He needs to act promptly with some legal advice before the CCTV footage gets recorded over. He should take photographs of his bruises and see a doctor about his pains in order for them all to be recorded.

[LD_DOLL1611]

he is not a shoplifter...He is a 50 year old man with health problems.

[Hopkirk]

I suspect there is more to this than you describe.

Perhaps he hasn't told you the whole story either.

[ELVIS68]

"Not running ....walking towards the cigarette counter to pay for 1 item he had picked up in the store"

If that`s the case then he has every right to complain, but it seems a bit much for a member of staff to knock him to the ground, anything you`re not telling us?

[ummmm]

I also find the scenario described hard to believe...

[Buenchico]

Anyone (other than private householders) operating a CCTV security system is obliged to provide a copy of any material showing a particular person upon receipt of a written request from that person. The company is entitled to make an administrative charge but such a charge cannot exceed £10.

Enter the name of the supermarket in the 'Name' field here and click 'Search Register':
http://www.ico.gov.uk/ESDWebPages/search.asp
Then click on the relevant company (e.g. 'Tesco Stores Limited' or 'Asda Stores Limited). Get your brother to send a written request for a copy of the CCTV footage to the address shown, marking his letter 'For the attention of the Data Controller'. He should either enquire about what payment is required or, simpler, enclose a cheque or Postal Order for £10 (because that's almost certainly be what the charge will be anyway).

Once your brother has the footage he can then decide whether it's worth consulting a solicitor.

Chris

[Buenchico]

PS: If he has visible injuries he should get them photographed (in the presence of a reliable witness, such as a doctor or solicitor) as soon as possible.

Chris

[ummmm]

Chris - what if they no longer have the CCTV footage?

[Buenchico]

Umm:
(I've deliberately mis-spelt your name because I know what AB does to it!)

Any supermarket manager who allowed video footage of an incident in his/her store to be erased probably wouldn't have a job for much longer! All responsible companies instruct their staff to retain video evidence of anything unusual that occurs, in order to avoid litigation (or to keep the cost of actually being sued to a minimum).