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Jacksonville False Imprisonment Lawyers

False imprisonment is the legal doctrine that forbids one person from holding another person against their will. Typically, this is not considered a criminal offense unless it is committed in conjunction with another serious crime, including impersonating a police officer or kidnapping. Regardless of the criminal consequences, the civil tort of false imprisonment exists to give victims an opportunity to collect for the emotional and financial damages that they may have suffered at the hands of the one doing the imprisonment.

What Constitutes False Imprisonment?

In order for a false imprisonment case to move forward, three criteria must be fulfilled.

  • The imprisonment must be intentional. The imprisonment must also be a real imprisonment, although force is not necessary: the mere threat of force may apply. However, if the imprisonment situation was unintentional and not the result of reckless behavior, there is no claim of false imprisonment.
  • There must be no reasonable means of escape. The imprisonment must be total. If a plaintiff could escape simply by walking out of a closed door, provided that door is not guarded, it cannot be considered false imprisonment. However, emphasis must be placed on the “reasonable” means of escape: if a plaintiff would have to go through extenuating circumstances to escape his or her imprisonment, this is not considered reasonable.
  • The plaintiff must be aware of the imprisonment. If the plaintiff is asleep, unconscious, or otherwise unaware of the imprisonment, he or she cannot bring a civil suit.

Contact Us

If you or a loved one has been wrongly imprisoned by another individual, contact Jacksonville personal injury lawyer Don Guthrie today at 904-296-1088, and we will evaluate your case.

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Bank of America Plaza at Southpoint
6622 Southpoint Drive South #150
Jacksonville, FL 32216
Phone: (904) 269-1088
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The Law Offices of Donald D. Guthrie |  6622 Southpoint Drive South #150 JacksonvilleFL  32216 |  Phone: (904) 296-1088 |  Directions | Don Guthrie+

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