possible defamation?

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marie5

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Hello:

I am new here and not sure where this question fits in the forums. But appreciate any thoughts on this incident. Thanks!

My husband and I recently purchased a vacation/future retirement home in a rural area outside a small town. The population is very low and there are very few businesses. There is ONE chain store within driving distance that has a pharmacy, though.

My daughter, a college student, visited us this past weekend and needed a refill on a prescription. I advised her to go to this chain store for her refill. She went to the pharmacy counter and gave the clerk ALL of her personal and insurance information and was told that if she wanted to wait, it would take between 30 and 40 minutes.

She decided to wait and spent her time looking at cosmetics. The store was having a big sale. She spent more than $200 on cosmetics and other items, but her prescription was still not ready so she walked around outside for a while and then went back into the store to pick up the prescription.

When she came back to our house, she found out that one of the items she purchased was defective. She went back to the store to return it. Within 5 minutes of her return to the store, she found herself surrounding by the town police and a few state troopers. Apparently, the store manager did not realize that the reason she spent so much time in the store earlier in the day was because she was awaiting a refill of her medication. After the police arrived, the store manager would not come out and tell her, my husband or me, (who ran up to the store after our daughter called us to tell us what was going on) why she called the police....but after demanding identification to run a criminal background check on my child, looking into her purse and thoroughly humiliating her with demeaning statements, it was clear to the police that a mistake had been made.

I thought everything could be made right by a simple apology. But the folks at the store won't apologize and won't say why they called the cops on my child other than feeling "uncomfortable" by her presence in the store. The police realized that my daughter was innocent after they surrounded her, checked out her story, her IDs and the contents of her purse and thoroughly embarrassed her in front of the townspeople who gathered.

Anyway, my kid was really upset by the incident....and so am I. Is this OK for a store to do? Her expense receipts show she spent $600 in the store ($350 on the medicine and another $250 on cosmetics and miscellaneous stuff).
 
If it was an honest mistake and they had a reasonable cause then it is what it is. Perhaps finding out who the owner of the store is and communicating with them might be an idea of how to deal with the poor judgment of the store manager. Did the police err in procedure? Perhaps, I don't know all the details nor how old your daughter is and whether she consented to the search.

This is not "defamation" - that is the sharing of a false statement with another person that causes harm. Here the store manager and employees reporting your daughter as a person they thought was suspect. That is an example of bad judgment. There was no false statement made that I can see, even though it is harmful. Perhaps there is another cause of action here.

If you really want to take this somewhere, you should call a lawyer and supply all the details about the process. However, I'm not sure that this would be worth the expense. The former idea is probably a more effective way to deal with thoughtlessness of the store manager - hitting people in the pocketbook. It's probable that the owner would be interested in hearing what happened. Best of luck and sorry to hear about the incident.
 
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