False imprisonment occurs when a person falsely keeps another person imprisoned and does not allow them to move freely by restricting their freedom of movement. Similar to false imprisonment, false arrest is also considered to be an intentional tort and is considered a crime since it also leads to restriction on the movement of the victim at the will of the defendant or accused. If you want to know how to proceed with a claim related to false imprisonment which you or someone close to you had to go through, you must reach out to an injury lawyer in St Catharines and make sure to inform them of the exact situation so that they can guide you in the right way.
False imprisonment, a willful act, is considered to be an intentional tort, meaning that it is an act that causes harm to someone else. The harm does not necessarily have to be a physical one and can be emotional or mental, besides being financial. Unlike unintentional torts which are acts that are committed due to negligence, intentional torts like false imprisonment are sometimes also categorized as criminal offences. An injury lawyer in St Catharines would tell you that in order to prove false imprisonment, one needs to prove that someone restrained their movement unlawfully, against their will and without providing them with a legal justification of the act committed.
The first element of proving false imprisonment which involves evaluating the facts and finding if any force or threat was used to restrain the movement of the victim. Here it is essential to understand that a threat does not necessarily mean actual physical force was used to cause false imprisonment. Even an implied threat is enough to prove the intent of the accused in these cases. Therefore, if something similar has happened with you without the use of physical force, your injury lawyer in St Catharines would be able to file the claim without much issues. The second element of imprisoning someone without their consent comes into effect when a reasonable person feels that they have been restricted or detained against their wish and are not allowed to move freely as per their own will.
The last element of false imprisonment, and your injury lawyer in St Catharines would be able to specify it in great detail, is about the fact if there is a legal basis for detaining the victim. If there is a legal basis for the same that is if the victim is being detained or arrested lawfully by a law enforcement officer or is detained by a shopkeeper until the arrival of a law enforcement officer, who suspected that the victim stole something from their shop or the victim had somehow given consent for being detained, then the claim of false imprisonment would be void.