False imprisonment is not one of the most common forms of personal injury, but it often plays a role in cases in which the plaintiff was falsely accused of shoplifting or a similar public crime. Before assuming that you've got an airtight case because a shop owner detained you for no reason, you need to understand the complications surrounding shoplifting accusations themselves. Make sure you understand the facts about false imprisonment before heading to court and spending your money and time on a case that may not have a leg to stand on.
Shopkeeper's Privilege
First, check your state's specific laws regarding detention in regards to retail environment. Most states have a rule known as the shopkeeper's privilege that allows owners and employees to detain people they suspect of shoplifting. However, there are very specific processes for detaining a potential shoplifter, and missing even a single requirement could push the incident into a case of unlawful imprisonment rather than a legal detainment. You and your lawyer need to go over every detail of the incident and compare those details to the state's requirements to see if you even have a case to argue in court.
Physical Restraint
In order for the incident to be considered a case of false imprisonment, the store owner or staff needs to physically interfere with your ability to leave. This includes grabbing and holding you, but it can also include spoken or written communication that convinces you not to leave due to untrue threats of future punishment. Locking you in a room or blocking the entryways also count as physical restraint. You can't simply state you were imprisoned because someone asked you to wait so an investigation can be finished.
Personal Belief
Even if you're being held onto by a strong security guard or the shop owner locks the doors in front of you, there's still a chance that no false imprisonment was committed. It all comes down to what you personally know and believe about the store. For example, if you know you can physically pull out of a guard's grasp and leave but choose not to, no imprisonment is being committed. Similar situations involve knowing of side exits you can still use or knowing your rights to leave despite what the shop owner claims. Of course, proving or disproving your personal knowledge of the situation can be very tricky in court.
Assault and Battery
The zealous security guards employed by large retail stores often create reasons for claims against the store even when false imprisonment doesn't qualify. Just because an owner or guard is allowed to lay hands on you to restrain you doesn't mean they can hurt you in the process. If you were injured or even just emotionally impacted by the shoplifting incident, you likely have a valid claim of battery or assault regardless of whether your imprisonment claim stands. Don't give up on getting your rightful compensation just because part of the case doesn't work out quite as you planned.
Store Documents
Finally, watch out for any kinds of contracts or paperwork set in front of you by the store owner making the accusations. They may claim you're declaring your innocence or agreeing to drop the issue when you're really declaring that you're guilty or waiving your right to sue in the future. These contracts are often brought out when a retail owner knows they've made a mistake and don't want to deal with potentially going to court for imprisonment and similar charges. Don't agree to sign anything offered by someone accusing you of a crime like shoplifting until you have your lawyer present so you don't hurt your chances for a future personal injury lawsuit.
Talk with a lawyer from a firm like Putnam Lieb to learn more about personal injury cases.
