Introduction

When shopping, whether online or in-store, we often assume that everything we purchase will be properly scanned and accounted for. However, issues can arise when items are missed or the checkout system malfunctions. This article delves into the legal implications of not scanning an item properly at checkout and the potential consequences if caught or reported.

Liability for Missed Scans

Once You Cross the Threshold: When you bring an unsold item into the store and carry it out of the checkout area, by leaving the store premises, you have effectively committed theft. This is legally termed "shoplifting," which is an umbrella term for the act of stealing from a store.

Responsibility of the Customer: The responsibility to pay for all items you take from the store immediately transfers to the customer, regardless of whether the error in scanning was on the store's end or the customer's end. Despite self-checkout machines being present, a defective machine does not absolve the customer of their responsibility to ensure all items are properly scanned. If an item is not scanned and you drive away, it constitutes theft, even if the machine did not function correctly.

Legal Implications

Criminal Charges for Shoplifting: You can be charged with theft (or shoplifting) if you knowingly take an item without paying for it. This can lead to criminal proceedings, which could result in fines, community service, or even potential jail time, depending on the jurisdiction and the severity of the offense.

Store's Policy and Aggressiveness: Some stores, such as Target and Walmart, may file false charges aggressively, as they profit from such allegations. Retailers might do this to deter future shoplifting incidents or as a precautionary measure, even if the store was at fault and held accountable for the scanning error.

Contract Law in Retail Transactions

Completion of Sale and Consideration: A sale occurs when a deal is made between a customer and a retailer. For a sale to be legally binding, there must be consideration, which typically means monetary payment. If an item is not scanned and you take it out of the store, the sale is not completed, and the retailer can demand payment for the item. This is based on the doctrine of mistake, which applies when there is a clerical error.

Store Policies and Large Items: If an item is missed by the cashier, the store can request that you pay for it. This is especially true for more expensive items where the store is more likely to insist on payment due to the significant financial loss it would incur. However, for smaller items, retailers may be more lenient if you are still inside the store or quickly caught.

Conclusion

The question of whether you can be charged for not scanning an item at checkout is rooted in the common law of property and contracts. The customer is ultimately responsible for ensuring all items are properly accounted for and paid for, even if the store's equipment malfunctions. Any deviation from this can lead to legal consequences, including the possibility of criminal charges.

Understanding these legal principles can help you avoid unintentional theft and ensure a smooth shopping experience. Always double-check your items at the checkout, and be prepared to pay for any items you take from the store.