Personal Injury Civil Claims Lawyer Miami FL

False imprisonment occurs when anyone intentionally restricts another person’s freedom of  movement and does so without legal authority, justification, or permission. Actual physical restraint of a person isn’t required to establish false imprisonment. In Florida, false imprisonment is defined in section 787.02 of the Florida Statutes.

False imprisonment sometimes occurs when a shopper tries to leave a store but is stopped by store security for shoplifting. 

Florida has a Shopkeeper’s Privilege, Florida statute 812.015 that allows store personnel to detain a suspected shoplifter. However, the detention must be under reasonable circumstances and for a reasonable period of time. 

Civil Injury Attorney for Suspected Shoplifter

An example of a false imprisonment where detention of a suspected shoplifter was wrongful resulted in a successful $60,000 False Imprisonment Claim recovery by GOSS LAW against a corporate chain clothing store for a housewife after she was wrongfully held in custody by store security for shoplifting, left alone in a room with one of the male security guards, and subjected to vulgar sexually suggestive behavior by the store security guard.

Police must be called promptly by store personnel if a suspected shoplifter is detained. The police must have probable cause for the arrest of the suspected shoplifter. If the facts don’t support a finding of probable cause for the arrest, the store and its personnel may be liable for a false imprisonment/false arrest.

False Imprisonment Lawyer In Miami Florida

Probable cause for arrest did not exist in a $60,000 False Arrest Claim recovery by GOSS LAW against the same retail chain store for a mother after she changed the plastic hangar for a garment bag that she then purchased. Store security detained her and had her arrested for changing the plastic hangar from one garment bag to another. In this case there was obviously no intent to steal or wrongfully deprive the store owner of the value of the property. A criminal court judge dismissed the shoplifting charge. The door was then opened for the bringing of the false imprisonment/false arrest claim.

In providing probable cause information to the police for an arrest of a customer, it is the responsibility of store personnel to provide full and accurate information. GOSS LAW achieved yet another $60,000 False Arrest Claim recovery against a large discount store after a young man appeared at the store with his mother for a pre-arranged meeting with the store manager. An assistant manager caused the young man to be arrested for trespass. The assistant manager failed to provide the police with the full story and the criminal court judge properly dismissed the criminal charge. The false arrest claim was then successfully pursued.

Civil Injury Lawyer Near Me

In a case that did not involve suspected shoplifting but did involve false arrest, Probable cause was again absent when GOSS LAW successfully recovered $90,000 on a False Arrest Claim after a Corrections Officer was arrested by a State Trooper who had stopped him for speeding, and then promptly stopped him a second time and arrested him for reckless driving and fleeing a police officer. GOSS LAW was successful at trial in convincing a jury that there was no probable cause for the arrest and that the Corrections Officer had in fact been falsely arrested and should be awarded fair and reasonable compensation money damages.

If you believe that you or someone you know has a Civil Claim for Damages after being falsely imprisoned and/or falsely arrested, please feel free to contact GOSS LAW for legal assistance in pursuing a Civil Claim.