Mr. ‘would-be thief’ did not take the beer out of the store without paying for it, therefore committed no crime. Employee, on the other hand, clearly created a slip-and-fall hazard, apparently as a premeditated attempt to intentionally harm a customer.
I’m guessing Mr. ‘would-be thief’ will be able to buy a lot of beer with the settlement money to celebrate while former-employee is looking for a new job.
That’s a well-known rule of retail - you’re never allowed to go after shoplifters (because liability), but if you do happen to catch them (wink wink), do it outside so that it’s legit.
