False Imprisonment Claims in Personal Injury Law

False imprisonment is an intentional tort that involves deliberately holding or restraining a person against their will, without legal authority or justification. Unlike an accident arising from negligence, false imprisonment requires intentional conduct. When the restraint of another person is done knowingly and without valid grounds, it may give rise to civil liability, as well as possible criminal consequences in more serious cases.

Elements of a False Imprisonment Claim

To establish false imprisonment in a civil claim, the plaintiff generally must show that they were restrained, that the restraint was against their will, that no valid legal justification existed for the restraint, and that some form of harm or injury resulted. The plaintiff must prove these elements by a “preponderance of the evidence,” which means it is more likely than not that false imprisonment occurred.

Unlawful Restraint

Restraint can involve physical barriers, such as being locked in a room. It also can involve non-physical means, such as threats or intimidation. For instance, a nightclub bouncer who threatens force or harm to keep someone from leaving could be committing false imprisonment, even if the exits are not physically blocked.

Against Their Will

If a person stays in a particular place voluntarily, this generally does not amount to false imprisonment. However, an absence of physical resistance does not necessarily mean the individual consented to stay. If they reasonably believe they have no choice but to stay, due to intimidation, implied pressure, or other coercive factors, they are considered to be held against their will.

Lack of Legal Justification

If a detention is carried out with legal justification, false imprisonment does not occur. Law enforcement has the authority to arrest if there is probable cause to believe a crime has been committed. Businesses may have what is sometimes called the shopkeeper’s privilege, granting them limited authority to detain a person if there is a reasonable suspicion of shoplifting. This privilege requires that the detention be conducted in a reasonable manner and for a limited time. If a legal right to detain exists, but excessive force is used or the detention lasts for an unreasonable time, the detention may become unlawful.

Damages for False Imprisonment

False imprisonment can lead to emotional or psychological distress, along with other injuries linked to being detained. Lawsuits may seek compensation for pain and suffering, mental anguish, lost wages, medical bills, and related costs arising from the detention. The amount of damages depends on the severity of the restraint and the resulting harm.

Defenses to False Imprisonment

Certain defenses may prevent liability. Consent is one defense. If an individual knowingly and freely agrees to stay in a location, it will not be considered false imprisonment. A lawful arrest provides another defense, since law enforcement is permitted to detain someone when acting within the scope of their authority. The shopkeeper’s privilege can also shield merchants from liability when they detain someone they reasonably suspect of shoplifting, as long as they follow appropriate procedures and time limits.

Last reviewed March 2025