Written by Rachel Stewart, Esq.
Edited by Brian Cafritz, Esq.
While restaurants and retailers want customers to patronize their stores, unfortunately, there are times when a particular customer threatens an employee or causes concern for the potential of harm to an employee or other customers. With so much information on social media and in the news regarding videos of employee-customer interactions in restaurants and retail stores, what can or should an employee of a restaurant or retail store do when confronted with a dangerous or potentially dangerous customer?
First and foremost, depending on the circumstances, the customer should be asked to leave the store immediately. Once the customer is invited to leave and given a reasonable amount of time to comply, his failure to do so will change his status from invitee to trespasser. As a trespasser, the duties owed to him under the law change. Under Maryland law, a property owner is only required to refrain from willful or wanton conduct that may injure the trespasser.
If a customer is brandishing a weapon of any sort or a fear of imminent or serious injury exists as a result of the customer’s actions, in order to protect your employees and customers, the police should be contacted immediately. As we’ve discussed in a prior article, if the customer were to use the weapon and injure or kill a customer, the court may consider the timing of an employee’s actions on the risk of harm in determining liability once aware of the possibility of imminent danger.
Employees should not be afraid to contact the police if a customer refuses to comply with a request to leave or has threatened an employee or customer. If the customer leaves willingly after the police arrive, without arrest and without a perceived threat, the retailer or restaurant owner is likely in a position not to institute further action. A customer who believes he was treated unfairly through the store’s institution of police action and arrest may attempt to pursue a case for malicious prosecution and be awarded damages if he proves that a criminal proceeding was instituted or continued by the store against him with malice, without probable cause and the criminal proceeding was terminated favorable to the customer. Accordingly, in any instance when the police are contacted, it is important to document your contact with the customer and obtain statements from all witnesses.
For repeat problem customers, Maryland offers the ability to obtain a Peace Order, a type of restraining order which limits or prevents one party from certain actions including threatening harm or trespassing. In order to obtain a Peace Order, a petition must be filed within 30 days and the petitioner must appear for both a temporary and permanent order. If granted, the permanent order can be in effect for six months and extended to a year. If the customer breaches the Peace Order by appearing at the store, he can be arrested immediately.
We know the safety and security of your customers and employees is of the utmost importance. Feel free to call on us to assist you with any issues which may arise in protecting them.