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D. Lee Johnson & Associates
3335 Meijer Drive #200
Toledo, OH 43617
Phone: 419-843-2424
Fax: 419-843-2533

False imprisonment

False imprisonment is the unlawful detention or restraint of another's freedom of movement, for any length of time, without justification or consent. There are four principle elements in a false imprisonment claim:

  • The confinement must be without the victim's consent. Confinement can occur in a number of ways, including using a physical barrier (locking someone in a room or tying him up) or by threats of force (threatening to kill or by holding someone at gunpoint).
  • There must be an intent to confine the victim.
  • The victim must be aware of the confinement or be harmed in some manner by it.
  • The victim must not be aware of any reasonable means of escape.

Example: If you intentionally trap someone in the basement of your home and lock all the doors, you have falsely imprisoned him or her. However, if there is a window that is within reach and wide enough for him or her to fit through, he or she is not falsely imprisoned because the window is a reasonable means of escape.

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TOLEDO, OHIO CIVIL LITIGATION ATTORNEYS. AUTOMOBILE ACCIDENTS, PREMISES LIABILITY, SLIP & FALL, DOG BITES, EMPLOYER INTENTIONAL TORT, INSURANCE BAD FAITH, WRONGFUL DEATH