Many people believe the laws have changed to allow theft in Washington. This is incorrect. The truth is national chain companies are changing their policies and procedures to protection their company from liability.  In Washington State, the Shopkeepers Privilege law allows retailers the ability to catch shoplifters without liability.

The shopkeeper Privilege, “A retailer or an agent of a retail establishment has the right the detain a person who was suspected of theft for a reasonable length of time to determine ownership of merchandise.” The Shopkeepers privilege has been in place for decades. The laws surrounding catching shoplifters have not changed. The only time a retailer is open to liability is when excessive force is used to make a detention.

The Shopkeepers Privilege law extends to the agent of the retailer also. This means that retail stores can hire security companies who also have a private investigation license to act on their behalf to catch shoplifters. Moreover, that security company can use force to detain a suspected shoplifter. It also allows the retailer the ability to charge a civil penalty fee of up to $700 plus the cost of the merchandise when you catch a person stealing. This civil penalty is in addition to being able to prosecute. There maybe other civil penalties the courts direct the person to pay the retailer also.  

So why have retailers stopped catching shoplifters? Most national chain stores have changed their policy on catching shoplifters because not all states have a Shopkeepers Privilege law to protect them. In fact, in other states have made it difficult to catch shoplifters. Because national chain retailers must make decisions that encompass the whole of their organization, they have made changes to their policy and procedures in Washington that preclude their Loss Prevention from catching shoplifters. Sadly it is easier to enforce one policy and hold everyone accountable to the same standard. This is true for all major retailers in Washington.

As a result of Policy changes, Washingtonians believe all retailers cannot catch shoplifters. In fact, a retailer can catch shoplifters. They can put their hands on you and place you into handcuffs if you do not comply with their instructions and walk back into the store willingly. They can send you a bill for up to $700 plus the cost of the merchandise to help the store pay for security. If not paid, the retailer can send you or the parent of the minor child to collections for unpaid civil demand payments. Furthermore, Retail loss prevention is not bound by the property lines. Loss Prevention can absolutely chase and detain you using, “that much force necessary to detain the suspect without using obsessive force.”

Shoplifting in Washington is not a good idea. In fact, you should stay away from any store protected by SecurUs Asset Protection because we do catch shoplifters and we have armed guards and private investigators to assist in catching shoplifters. If you are a retailer in Washington, we can help stop theft and provide Asset Protection. In some cases, it pays for itself with the civil demand and court penalties.