When anyone is held and unlawfully detained by another person, it may constitute false imprisonment and it can allow the detainee to file a civil claim for monetary damages. Below is an explanation of the elements of false imprisonment claims that may form the basis of a tort lawsuit.
For a person to be detained unwillingly, they must be prohibited from leaving a certain area. The area may be as small as a room or as large as a country. Detention does not occur when one is prohibited from entering a certain area and it must involve the use of or threat of force, but anything that prohibits one from voluntarily leaving may qualify. Things such as fear of a public altercation or a belief that the detainer is in a position of authority are enough to eliminate the likelihood of escape.
The Defendant’s Intention to Detain
It is insufficient for a defendant to negligently or accidentally create a confining condition. However, a false imprisonment may occur if a defendant intends to confine someone but inadvertently confines someone else. If an individual is intentionally detained by another person for no reason, they may have a claim that can be handled by a personal injury attorney in Glendale, AZ.
In most cases, the lawfulness of a detention depends on the lawfulness of the arrest. If an arrest is unlawful, the plaintiff is detained after a not guilty verdict, or kept longer than the sentence allows, a basis for a false imprisonment claim is created. Generally, a party must have probable cause to detain someone, but the detainment must be done in a reasonable manner.
Depending on the jurisdiction, the existence of probable cause is determined by a judge, a jury, or both. Some jurisdictions have laws that dictate how long store owners may detain alleged shoplifters. For jurisdictions with no such laws (which is most of them), the rule is that the manner and duration of the detention may not be unreasonable according to the case’s specific circumstances. Those who have been falsely imprisoned should visit the site to consult a personal injury attorney in Glendale, AZ to learn about their legal rights and remedies.