False imprisonment refers to a predicament in which 1 person has unlawfully confined or restricted the movement of another. In the authoritative text Prosser and Keeton on the Law of Torts, the authors note that the tort of false imprisonment ???protects the personal interest in freedom from restraint of movement.???
What are the Elements of False Imprisonment?
When a person brings a private injury lawsuit for the tort of false imprisonment, the plaintiff bears the burden of proving each and every element, or element portion, of the tort by a preponderance of the evidence. Restatement (Second) of Torts §35 provides that the components of false imprisonment are:
An act that entirely confines the plaintiff within fixed boundaries set by the defendant
The intent to confine the plaintiff or a third party
Causation, meaning the defendant???s act caused the plaintiff???s confinement and
The plaintiff???s awareness of his or her confinement, or, in the absence of awareness, actual harm resulting from the confinement.
Examining the Components of False Imprisonment
The confinement requirement has a distinct which means in the context of the tort of false imprisonment. Confinement does not necessarily imply actual incarceration, or even placing someone in a closed room. William P. Statsky, author of Torts: Personal Injury Litigation, explains that confinement signifies to restrain the plaintiff???s motion by:
Physical barriers,
Physical force,
The threat of present physical force,
The assertion of legal authority to confine, or
Refusing to release the plaintiff contrary to a legal duty to do so.
To establish the element of intent, the plaintiff ought to prove that the defendant had a want to confine the plaintiff, or knew with substantial certainty that confinement would result from the defendant???s actions. If the defendant was merely negligent in causing the plaintiff???s confinement, the intentional tort of false imprisonment has not been committed. In that case, the plaintiff may possibly have a trigger of action for negligent confinement.
This is an important distinction simply because a negligence lawsuit for the confinement personal injury attorney would demand proof of actual damages (for instance, physical or mental injury, loss of earnings resulting from the confinement, and so on.). By contrast, for the tort of false imprisonment, no more harm than the confinement itself and the plaintiff???s awareness of the confinement need to have be shown. It is presumed that the plaintiff has suffered harm.
Compensatory and Punitive Damages for False Imprisonment
A individual who believes he or she has been subjected to intentional false imprisonment could select to bring a personal injury lawsuit in search of compensation. The plaintiff does not have to prove actual harm to establish a prima facie case of false imprisonment unless he or she was unaware of the confinement.
Compensatory damages for false imprisonment could consist of compensation for such things as humiliation, injury to the plaintiff???s reputation, illness or other discomfort, loss of earnings, or damage to personal home due to the confinement. If the defendant acted with hatred or malice, the plaintiff may also recover punitive damages. Whether or not a plaintiff recovers any sort of damages in a false imprisonment lawsuit will depend on the particular facts of the case.
Personal Injury Attorneys
All tort claims are topic to statutory time limits, and those time limits differ from state to state. For that cause, any individual who believes he or she has a individual injury claim for the tort of false imprisonment really should consult with an experienced individual injury attorney in his or her local area as soon as feasible to guard his or her rights.
Disclaimer: This write-up is in no way intended as legal tips. For assist with distinct legal troubles, a single should contact a licensed lawyer in one???s nearby area.
Sources:
W. Page Keeton, Dan B. Dobbs, Robert E. Keeton & David G. Owen, Prosser and Keeton on the Law of Torts (5th ed., West 1984)
William P. Statsky, Torts: Individual Injury Litigation (4th ed., Delmar 2001) Restatement (Second) of Torts § 35 (1965).
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Source: http://indstatefml.com/personal-injury-law-the-tort-of-false-imprisonment/
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