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savvy_consumer

Junior Member
What is the name of your state? South Carolina

Hello all - I hope someone can help me out with my question.

A person was mugged and seriously injured by three young theives. The story behind the mugging is as follows:

He was walking downtown late at night and realized that he was being watched and followed by about 3 people, males of about 20-25 years of age. He was alone, scared and in a part of the city that he was not familiar with.

He noticed that a store on the street had a sign saying "This premises is under video surveillance" and saw a camera was installed on the side of the building near a shipping entrance. He went to this location and began to use his cellphone to call the police (he was worried for his safety and figured that the video camera might deter the thieves or at least help identify the assailants should the attack him).

Unfortunately, before the call went through he was mugged and left badly injured and was unable to identify any of his attckers. Later, while he was still in hospital, he found out from the police that the camera was only a dummy camera. It was not functional at all but was simply a "theft deterrent", therefore it was of no help in the investigation.

The store owner seemed very co-operative and said that he purchased this dummy camera on the internet, and it came with the "video surveillance" sign and the device is not illegal when installed on private property.

Question 1: Are people allowed to use these dummy "theft deterrents"? (Including fake warning signs?)

Question 2: Who is liable (if anyone)? Is it the store owner who installed this device or the company who manufactured and sold the dummy camera and false sign?

Question 3: The person was completely misled by this "theft detterent" and it can be argued that the mugging happened partly becuase of this (had he not seen the sign, he may have done something else and escaped). Do we have any case at all against anybody?


Thank you in advance for any input!
 


savvy_consumer

Junior Member
I'm not aware if the police charged the store owner, but I don't think so. Their priority is laying criminal charges on the muggers, which I understand. What I was asking is if anyone (store owner or manufacturer) is liable for damages due to the injuries sustained.

Just because the police didn't press charges on the store owner, does that mean that the company who sold him the dummy camera and sign is off the hook?

The store owner had argued that having a dummy theft-deterrent is not illegal and he is in the same category as people who put "beware of dog" signs up for protection but don't actually have a dog.

The only difference I see is that "beware of dog" signs can be sold with the intention of someone buying it to warn bystanders of a dog. A fake camera and fake "video surveillance" sign are sold only with the intent on fooling people into thinking they're real.

Since it seems like the store owner is not at fault, is this a long shot or do I have any chance of holding (at least partly) responsible the company that manufactured / sold the theft-deterrent device?
 

savvy_consumer

Junior Member
OK guys, thanks for clearing that up ... I understand there's no case. I apologize if the question was stupid to begin with, just caught up in the moment I guess

While we're on the topic, what's the deal with these fake alarm systems? I see them for sale everywhere but from your legal perspective, couldn't there be a likely situation where a end user or the manufacturer could be sued for misleading an innocent person (should there be an accident)?

The cops didn't do anything about the fake camera so I'm sure it's all legit and fair game ... just curious if any of you legal pros wanted to chip in your .02$ on these "theft deterrents"
 

seniorjudge

Senior Member
savvy_consumer said:
OK guys, thanks for clearing that up ... I understand there's no case. I apologize if the question was stupid to begin with, just caught up in the moment I guess

While we're on the topic, what's the deal with these fake alarm systems? I see them for sale everywhere but from your legal perspective, couldn't there be a likely situation where a end user or the manufacturer could be sued for misleading an innocent person (should there be an accident)?

The cops didn't do anything about the fake camera so I'm sure it's all legit and fair game ... just curious if any of you legal pros wanted to chip in your .02$ on these "theft deterrents"
I see them for sale everywhere but from your legal perspective, couldn't there be a likely situation where a end user or the manufacturer could be sued for misleading an innocent person (should there be an accident)?

There are lawyers galore who will take anyone's money to sue anybody for anything anywhere.
 

savvy_consumer

Junior Member
Yup - I got my buddy at work hooked on this site too. I told him not to buy cheap stuff over the net, you get what you pay for...

There are lawyers galore who will take anyone's money to sue anybody for anything anywhere.

I know! I should have been a lawyer! :)

Thanks again for the help guys!
 

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