Case Scenario:
My sister-in-law, Babs, just had a very traumatic experience (of course, it doesn't take much to turn her into a basket case). To say that she was born with a silver spoon in her mouth would be an understatement. I have to admit that I'm a little jealous of how easy a life she seems to have. I just can't figure out how she manages to get herself in these situations. If I ever go into private practice, then at least I know that she'll be able to afford my bills. Anyway, she was engaging in her favorite pastime--shopping-- at Tyson's Corner, and she got this dress "to die for" at Nordstrom's. Then, she went to Bloomingdale's and got another outfit and some beautiful new Kenneth Cole shoes with a matching handbag. Rather than carry around two shopping bags (she doesn't work out much because of the perspiration factor, and one bag is "so much" easier to handle), Babs put the dress she bought at Macy's into the bag with her purchases from Bloomingdale's. She got the sales clerk to throw away the Macy's bag (along with the sales receipt--she never keeps them). When she went to leave "Bloomie's," their security personnel stopped her and alleged that she had not paid for the Macy's dress. You see, Macy's leaves on the tags from the manufacturer that has the suggested retail price and doesn't add their own. They also claimed she had stuffed some other items into her purse and clothing (after the Winona Ryder trial, things will never be the same). They searched Babs's person and belongings and kept her there for well over three hours. When they got it all straightened out, they apologized profusely for their mistake and let Babs go. Now, she wants to sue and wants my advice.
Does she have a case? If so, for what? What are the elements of this (if any) tort? Do you think present laws are adequate to protect the interests of both consumers and retail stores?