A loss prevention agent for a Kohl's store in Riverside has been arrested for allegedly committing sexual assault. According to KABC News, the 27-year-old employee was arrested Tuesday for allegedly offering to release a female suspect without calling authorities in exchange for sexual favors. The loss prevention agent, Haison Ho, was taken into custody by the Riverside Police Department's Sexual Assault Unit. The investigation is continuing, and the Riverside police are asking anyone with pertinent information to come forward. If you have any information that may assist in the investigation you should contact the Riverside Police Department at 951-353-7100.
Liability for Loss Prevention Misconduct
In the case above, the victim of the sexual assault, if the allegations prove to be true, will have a meritorious civil claim against Ho for her injuries and damages. However, under California law there will remain a significant question of whether Kohl's can be held civilly liable for their employee's actions. In general, a business does owe a duty to protect their patrons from harm of third parties and even their own employees when the harm is "reasonably foreseeable". Sexual assault is not typically the kind of misconduct a retailer would expect of their security employees, so it may have to be shown that Kohl's (assuming it employs Ho) was negligent in the hiring and/or supervision of Ho while working. If Ho's employer had reason to believe he might harm a female subject in this manner then they could be held liable for hiring him in the first place or for failing to take reasonable steps to supervise him so as to prevent a sexual assault. The law in this area is fairly complex, and there are a number of other factors that may determine whether Ho's employer will be held liable.
Other Loss Prevention News
In addition to the news story above, Home Depot recently made the news they were the focus of a class action lawsuit filed against them for the tactics of their loss prevention department and the law firm working for them. According to Bloomberg Business Week, a California man, Jimin Chen, has sued the retailer after he was accused of stealing two pairs of work gloves while shopping at a Home Depot in San Leandro, California. Thereafter, Chen received letters from a law firm apparently contracted by Home Depot demanding restitution under Penal Code Section 490.5 (c), which allows retailers to sue shoplifters for up to $500.00 (and more in some cases) for unlawfully taking merchandise from a store. Chen's class action lawsuit alleges that he did not steal the gloves and that the collection practice of Home Depot (by and through their attorneys) is a calculated shakedown and an unfair business practice.
If you believe you have been the victim of misconduct by a security officer or loss prevention agent, contacting an experienced injury attorney is perhaps the best way to find out about your right to compensation.
SOURCE: Riverside Kohl's loss-prevention officer arrested for sexual assault, KABC News, Inland Empire News, September 12, 2013,
Liability for Loss Prevention Misconduct
In the case above, the victim of the sexual assault, if the allegations prove to be true, will have a meritorious civil claim against Ho for her injuries and damages. However, under California law there will remain a significant question of whether Kohl's can be held civilly liable for their employee's actions. In general, a business does owe a duty to protect their patrons from harm of third parties and even their own employees when the harm is "reasonably foreseeable". Sexual assault is not typically the kind of misconduct a retailer would expect of their security employees, so it may have to be shown that Kohl's (assuming it employs Ho) was negligent in the hiring and/or supervision of Ho while working. If Ho's employer had reason to believe he might harm a female subject in this manner then they could be held liable for hiring him in the first place or for failing to take reasonable steps to supervise him so as to prevent a sexual assault. The law in this area is fairly complex, and there are a number of other factors that may determine whether Ho's employer will be held liable.
Other Loss Prevention News
In addition to the news story above, Home Depot recently made the news they were the focus of a class action lawsuit filed against them for the tactics of their loss prevention department and the law firm working for them. According to Bloomberg Business Week, a California man, Jimin Chen, has sued the retailer after he was accused of stealing two pairs of work gloves while shopping at a Home Depot in San Leandro, California. Thereafter, Chen received letters from a law firm apparently contracted by Home Depot demanding restitution under Penal Code Section 490.5 (c), which allows retailers to sue shoplifters for up to $500.00 (and more in some cases) for unlawfully taking merchandise from a store. Chen's class action lawsuit alleges that he did not steal the gloves and that the collection practice of Home Depot (by and through their attorneys) is a calculated shakedown and an unfair business practice.
If you believe you have been the victim of misconduct by a security officer or loss prevention agent, contacting an experienced injury attorney is perhaps the best way to find out about your right to compensation.
SOURCE: Riverside Kohl's loss-prevention officer arrested for sexual assault, KABC News, Inland Empire News, September 12, 2013,
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