Supermarket employees search customers in public

2022-11-15

When the customer is shopping in the supermarket and is ready to leave, the security gate gives an alarm. The supermarket staff suspects that the customer is carrying unpaid goods, so they frisk him, causing a dispute. Recently, the People's Court of Hechuan District, Chongqing, issued a judgment in the first instance of the name right dispute case, which found that the behavior of the supermarket staff constituted a reputation infringement, and decided that the supermarket publicly apologized and compensated for spiritual damages. On April 10, 2022, Uncle Wu went shopping in a food supermarket in Hechuan District. When Uncle Wu finished shopping and was ready to leave the supermarket, the supermarket security gate suddenly gave an alarm. Zhou, a supermarket employee, suspected that Uncle Wu was carrying unpaid goods and stopped him. Uncle Wu took off his coat on his own initiative and gave it to Mr. Zhou for inspection. Later, Mr. Zhou came forward to search Uncle Wu by patting, pinching his arms, and carrying his pants. There were onlookers watching. After the search, Mr. Zhou asked Mr. Wu to go to the supermarket office to verify the situation. The two sides could not argue over this issue, so Uncle Wu's family reported the case to the public security organ. After investigation and verification by the public security organ, the supermarket security gate suddenly gave an alarm because Uncle Wu carried a magnetic lock on the key chain, rather than carrying unpaid goods. Uncle Wu believed that the supermarket employee Zhou searched himself in public without any evidence, which seriously damaged his reputation. In July 2022, Mr. Wu appealed to the court against the supermarket and the employee Mr. Zhou for public apology and compensation for spiritual damages due to unsuccessful negotiations. After hearing the case, the court held that civil subjects enjoy the right of reputation, and no organization or individual may infringe upon the right of reputation of others by means of insult, slander, etc. In this case, although the defendant Mr. Zhou intended to verify the specific situation, his behavior of inspecting the plaintiff's arms, pants and bags and other private places, and then asking the plaintiff to go to the office to check the video after the inspection, would inevitably cause the plaintiff to be in an embarrassing situation under the crowd, which objectively lowered the plaintiff's social evaluation and damaged his reputation. According to Article 27 of the Law of the People's Republic of China on the Protection of Consumers' Rights and Interests, business operators shall not insult or slander consumers, search consumers' bodies and their belongings, or infringe upon consumers' personal freedom. As a business operator, the defendant has the obligation to protect the personal rights and dignity of customers who enter the store for consumption. The defendant's search not only failed to fulfill the obligation, but also obviously infringed the plaintiff's rights and interests. Therefore, the defendant's conduct of body search is at fault, which has met the constitutive requirements of tort liability, and should be responsible for the infringement of the plaintiff's reputation. In this case, the plaintiff whose reputation right was damaged was an old man who was over 82 years old and had a relatively fixed living environment. When he encountered this matter in a supermarket near his home, he was surrounded by familiar people, causing misunderstanding of his negative evaluation. This brought a heavy psychological burden to the plaintiff, which made him depressed for a long time. Therefore, the court held that the defendant's infringement actually affected the plaintiff's normal life and caused serious spiritual damage to the plaintiff. As the defendant Zhou is an employee of a food supermarket, his body search was an act of performing his duties, so the food supermarket should bear the corresponding legal responsibility for this act. To sum up, the court ruled that the defendant's food supermarket made a public apology to the plaintiff Wu

Edit:sishi    Responsible editor:xingyong

Source:http://rmfyb.chinacourt.org/paper/html/

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