Posted on Saturday, May 20th, 2023 at 12:00 pm
The fear, frustration, and pain of being falsely imprisoned is something no one should endure. It can leave you feeling powerless and confused. But it’s crucial to know that you’re not alone – some people can stand by your side, fight for your rights, and help you find justice.
This is where our Chicago false imprisonment attorneys enter the picture. This guide walks you through the key elements of false imprisonment, discusses how to prove these elements for a successful lawsuit, and explains the differences between false imprisonment and other torts. Let us stand with you and work towards the justice you deserve.
The definition of false imprisonment in tort law
If someone intentionally prevents you from going where you want to go, when you want to go, without a legal right to do so, you could be a victim of false imprisonment. This could involve physically restraining you, locking you in a room, or even through threats or intimidation.
Remember, false imprisonment doesn’t have to be significant for days or even hours. Even a few minutes of confinement can be distressing and cause physical and emotional harm.
Elements that must be proven in a false imprisonment claim
Understanding what you must prove in a false imprisonment claim can make the process less intimidating. Your attorney can help establish the following essential elements:
- Intentional Confinement: The first step is demonstrating that your confinement was intentional. This doesn’t necessarily mean the person meant to harm you, but they must have deliberately taken actions that resulted in your detention.
- Without Consent: Secondly, you must show you did not consent to the confinement. You can satisfy this element if you disagree to be restrained or kept in a location.
- Without Legal Authority: The person who confined you must not have had a legal right to do so. For instance, police officers may have legal authority to detain someone under certain circumstances. But if they exceed that authority or detain someone without proper cause, their actions may be grounds for a false imprisonment claim.
- Awareness of Confinement: You must have been aware of your confinement when it occurred or caused you harm. Even if you didn’t realize you were being confined, you may still have a claim if you can show that the incident resulted in injury or distress.
Examples of actions that may constitute false imprisonment
False imprisonment doesn’t always look like what you might imagine. Here are some examples of actions that may constitute false imprisonment:
- Physical Restraint: This is the most straightforward example. If someone physically holds you back, locks you in a room, or uses force to keep you in a specific location against your will, this constitutes false imprisonment.
- Threats or Intimidation: False imprisonment can also occur through threats or intimidation. If someone threatens harm to you or your loved ones if you attempt to leave a location, that can be seen as false imprisonment.
- Coercion or Deception: If someone tricks you or coerces you into staying in a place against your will, it might also be considered false imprisonment. This could be through lies, manipulation, or blackmail.
- Improper Use of Legal Authority: Even people with the legal power to restrain others, such as security guards or police officers, can be guilty of false imprisonment if they exceed their authority or detain someone without proper cause.
These are just a few examples. Speaking with a legal professional is crucial if you’re unsure whether your experience counts as false imprisonment.
Key differences between false imprisonment and other tort claims
In personal injury law, different torts or wrongful acts have unique characteristics and elements that plaintiffs must prove. Understanding the critical differences between false imprisonment and other tort claims can provide a clearer picture of your situation and help you understand your rights better.
- False Imprisonment vs. Assault: Assault involves a threat of bodily harm coupled with an apparent, present ability to cause the harm, creating a reasonable fear in the victim. On the other hand, false imprisonment focuses on the unlawful restriction of a person’s freedom of movement.
- False Imprisonment vs. Kidnapping: Kidnapping is generally considered more severe than false imprisonment. It involves not only the unlawful detention of a person but also moving that person from one place to another against their will, usually for ransom or to commit a further crime.
- False Imprisonment vs. Battery: Battery involves harmful or offensive contact with another person without their consent. False imprisonment can occur without physical contact, primarily concerning restricting movement.
While a single act can constitute more than one type of tort – for instance, someone might be guilty of both false imprisonment and assault – plaintiffs must prove each claim based on its unique elements.
The team at Wallace Miller knows how distressing false imprisonment can be and can help you hold the person responsible for your detainment accountable. Call (312) 261-6193 or reach out online for a free consultation.