Background Facts: Target Corp. operates a chain of more than 1,900 retail stores nationwide that generate more than $78 billion in annual revenues. Its stores sell a range of merchandise, including food, clothing, household goods, electronics, toys, entertainment products, sport and recreation products, beauty and personal care products, and supplies for school, office, parties, and pets. Target sells its own branded products, as well as products produced by other manufacturers. Like most large retailers, Target sells its product in its retail stores, as well as on its Internet website located at www.Target.com(Links to an external site.).

Additional Facts: Like most retailers, Target is concerned about losses from activities like shoplifting, theft by fraud (e.g., switching price tags, fraudulent returns), and employee theft, among other risks. Detecting and deterring shoplifting is made more complicated by the fact that Target stores allow customers to take physical possession of products (hold them, move them, carry them in baskets) before purchasing the products and leaving the store. In some cases, customers may raise suspicion by putting products in their pockets, purses, or backpacks while shopping, only to pay for those items before leaving the store. A consulting firm recently suggested several "loss prevention" practices that Target might use to prevent such losses.

The consulting firm also recommends that Target protect expensive products by attaching exploding dye packs to them (similar to the exploding dye packs banks use to deter robbers). The dye packs explode if they are tampered with or if they pass by sensors located at store entrances and exits. The explosion releases a brightly colored dye capable of staining the product and the skin and clothing of the person carrying the product (and potentially others nearby). The chemical reaction causing the explosion also creates high temperatures (around 392 F), which will further deter shoplifters. Identify and describe the potential legal risks of adopting this practice (from among the topics covered in this part of the course). Explain your reasoning.