Shopkeepers who use electronic alarm systems to deter shoplifters have been warned by a judge of their duty of care towards paying customers. The acting Circuit Court president, Judge Diarmuid Sheridan, said he accepted the necessity of such systems because of the high incidence of shoplifting often highlighted in the press.
"Retailers are under a duty to take reasonable care to protect a customer against the risk of an alarm which has not been desensitised going off as they walk out the door," Judge Sheridan said.
He held that Nicholls Ltd, Dublin, had been negligent and had defamed Ms Mary Keegan (69), of Glendoher Drive, Rathfarnham, when they stopped her while leaving their Thomas Street shop three years ago and took her back to the cash desk after an alarm had gone off.
Mr Martin Giblin SC, who appeared with Mr Cormac Quinn for Mrs Keegan, told Dublin Circuit Civil Court the shop had failed to remove an alarm device from a purchase after Ms Keegan had paid for it with her Visa card.
Judge Sheridan awarded Ms Keegan £10,000 and costs, which, he said, included aggravated damages. He said Nicholls Ltd had failed to respond to three letters from Ms Keegan's solicitors and had not offered an apology.
He said he had been highly impressed by the store manager, Mr David Bellew, and he felt that if the matter had been left in his hands it would probably have never have come to court.
Judge Sheridan was not aware that Ms Keegan's claim had earlier been heard by Judge Harvey Kenny, who had awarded her £5,000 damages, including £2,000 aggravated damages.
Nicholls Ltd had been granted a judicial review by the High Court of Judge Kenny's determination. It challenged his determination on the grounds of bias, in that he allegedly, following a break-down in the witness box by Ms Keegan, formed a view before the defendants had put their case before his court.
The High Court had ordered that Ms Keegan's claim be sent back to the Circuit Civil Court for a rehearing before a different judge. Judge Sheridan granted Nicholls a stay to facilitate consideration of an appeal to the High Court.