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Ejecting Angry Customer Legal ?

#1
A mate has a retail shop and recently had a run in with a customer , customer wanted a refund on a product they had damaged so no refund , it ended up with my mate asking them to leave , the reply was "make me ,if you touch me I will break your nose " .

My question is can a shop owner physically/forcibly remove a customer from his shop premises if they refuse after being asked politely ?

I am also wondering if he should report this to the Rozzers in case he finds his windows put through?
 
#2
Just call the police.

Of course if your customer is one of a ever growing plethora of "minorities" then you will probably find yourself arrested for something or other.
 

Schaden

LE
Book Reviewer
#4
Call the plod - remain calm and polite - I do the whole "I have asked you to leave the premises three times and am now calling the police" - if you're lucky they get arsey with overworked constable and get cuffed and dragged off...
 

Drivers_lag

On ROPS
On ROPs
#5
I imagine Sinner will be along in a moment with the Oracle solution.

However, I imagine that a shop can toss anyone they don't like out. It would leave them wide open to accusations in those circumstances, mind. 'Thrown out for complaining about faulty goods', the customer and possibly the local rag, will howl.

Certainly a pub landlord doesn't have to admit you and he doesn't have to give you a reason either. In fact, I was advised on my BII NEVER to give a reason, the instructor citing the tossing out of your ethnics. 'It's OK to toss people out for being black', he grinned. 'The mistake would be telling them why.'
 
#6
Yes. Anybody can use "reasonable force" to eject a trespasser. If he's making threats, by all means call the police.
Correct me if I'm wrong, but Trespassing is a civil offence and in the sense described by the OP, it is 'trespass to land' ie entering without permission and is a tort (inter alia, not a criminal offence). However, in the case of a shop, it is reasonable to assume that the public have the right to enter the shop when going about their business. If a customer enters the shop with the intention to complain about goods (as in the case above), that is a lawful intent and it would, thus, be difficult to demonstrate 'trespass to land'.
 

Drivers_lag

On ROPS
On ROPs
#7
Correct me if I'm wrong, but Trespassing is a civil offence and in the sense described by the OP, it is 'trespass to land' ie entering without permission and is a tort (inter alia, not a criminal offence). However, in the case of a shop, it is reasonable to assume that the public have the right to enter the shop when going about their business. If a customer enters the shop with the intention to complain about goods (as in the case above), that is a lawful intent and it would, thus, be difficult to demonstrate 'trespass to land'.
That would come under implied right to enter would it not? You'd become a trespasser when that right was revoked. IE, the owner telling you to **** off.
 
#8
Correct me if I'm wrong, but Trespassing is a civil offence and in the sense described by the OP, it is 'trespass to land' ie entering without permission and is a tort (inter alia, not a criminal offence). However, in the case of a shop, it is reasonable to assume that the public have the right to enter the shop when going about their business. If a customer enters the shop with the intention to complain about goods (as in the case above), that is a lawful intent and it would, thus, be difficult to demonstrate 'trespass to land'.
Agreed but Im more concerned about what the law states once they have been asked to leave.
 

Ravers

LE
Kit Reviewer
Book Reviewer
#9
Proving that the customer damaged the product themselves maybe difficult.

Under the sale of goods act:

"Goods [must be] of 'satisfactory quality' - products must last a reasonable time and be free of defects"

So basically unless your mate can 100% prove that the customer broke the item themselves, he is completely in the wrong, the customer has every right to enter the shop and demand a refund.
 
#10
I suspect that there is a difference between choosing not to serve them in the first place and dealing with them when they come in with a complaint.

I think it is right to say that a shop owner can choose to serve/not to serve whoever he wants (but as has been said do NOT expose yourself to legal risk by giving reasons!). However, having chosen to serve them in the first place you have limited options for not dealing with any customer service issue they wish to raise related to the purchase.



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#11
Yes. Anybody can use "reasonable force" to eject a trespasser. If he's making threats, by all means call the police.
You cannot use "reasonable force", the term for trespassing and use of force is "minimum force". This means the least amount or force necessary to remove the person.
 
#14
Proving that the customer damaged the product themselves maybe difficult.

Under the sale of goods act:

"Goods [must be] of 'satisfactory quality' - products must last a reasonable time and be free of defects"

So basically unless your mate can 100% prove that the customer broke the item themselves, he is completely in the wrong, the customer has every right to enter the shop and demand a refund.
RTFQ ,The sale of goods act has nothing to do with my question , its about ejecting a customer who refuses to leave when asked and what force can be used .....bloody Matelote`s .
 
#16
"Good afternoon. I am a long standing customer of this establishment which has provided me with excellent service over many years. However this item that you recently sold me is not fit for purpose. I would like to bring it back and ask for a refund."

"Bollocks to you. Get off my land." (or words to that effect)

"But hold on, I am raising a genuine customer complaint about an item purchased from your shop only yesterday."

"I couldn't give a shit. I'm asking you to leave and if you don't comply with my request I may use force."

How is that going to play in a court of law?
 

Drivers_lag

On ROPS
On ROPs
#17
"Good afternoon. I am a long standing customer of this establishment which has provided me with excellent service over many years. However this item that you recently sold me is not fit for purpose. I would like to bring it back and ask for a refund."

"Bollocks to you. Get off my land." (or words to that effect)

"But hold on, I am raising a genuine customer complaint about an item purchased from your shop only yesterday."

"I couldn't give a shit. I'm asking you to leave and if you don't comply with my request I may use force."

How is that going to play in a court of law?
Two separate things, innit?

Approaching the vendor is only the first port of call for the customer seeking his wrong put right.

The shop owner doesn't have to put up with a stroppy customer, even if he did sell him tat.
 
#18
Read the original post and point out to me the indication that the customer was "stroppy".

Of course they should each of them act entirely appropriately towards the other. However if it were to proceed to a court of law, the judge would not have had the advantage of witnessing events first hand and would be relying on whatever evidence could be gathered from the customer and the shop owner, any CCTV and any other customer who may have been in the shop at the time. Again no hint in the OP that there was any major incident to which there may have been witnesses, or which might have been filmed.
 
#19
Porter v Commissioner of Police for the Metropolis 1999



yes, the shop has a right to withdraw their permission to be there, making them a trespasser

yes they can eject them using reasonable force

yes the police can assist or act for the shop owner in doing so, and if they resist then they can be done for breach of peace
 
#20
"Good afternoon. I am a long standing customer of this establishment which has provided me with excellent service over many years. However this item that you recently sold me is not fit for purpose. I would like to bring it back and ask for a refund."

"Bollocks to you. Get off my land." (or words to that effect)

"But hold on, I am raising a genuine customer complaint about an item purchased from your shop only yesterday."

"I couldn't give a shit. I'm asking you to leave and if you don't comply with my request I may use force."

How is that going to play in a court of law?
The complainant was a builder and friend of the original customer and turned up with his mate and the customer, the goods were a wall mounted kitchen cabinet , the builder thought he could through his weight about and get a refund , the customer had used a third party installer to fit the cabinet , the shop blames the customers house wall for being wonky and the installer being crap, the installer blames the quality of the product and the wonky wall , the builder is jealous and just wants to play the big man as he did not get the job of fitting it.
No CCTV or witnesses.
 

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