What does the phrase "reasonable non-deadly force" refer to in the context of the merchant's privilege rule?

The phrase "reasonable non-deadly force" in the context of the merchant's privilege rule refers specifically to the type of force that may be used by a merchant to detain an individual suspected of theft, without causing death or serious injury. This concept is rooted in the legal allowances provided to merchants when they take necessary actions to protect their property while ensuring that the response does not escalate to lethal measures.

In practice, this means that a merchant can employ physical restraint that is appropriate to the situation—sufficient to prevent the alleged theft or to facilitate a lawful detention—while minimizing the risk of harm to the individual being detained. The emphasis on "reasonable" indicates that the force employed must match the level of threat posed by the situation; it must not be excessive or disproportionate to the act of theft.

This principle is important as it balances the merchant's right to protect their assets with the individual's rights, ensuring that any action taken is justified and within the boundaries of lawful conduct. Therefore, the term underscores the necessity of preserving life and preventing serious injuries while addressing theft-related incidents.