Georgia false imprisonment laws hold businesses accountable

Georgia consumers wrongfully detained or arrested by businesses and corporations have begun to fight back thanks to recent changes in the law.

In the latest false imprisonment case, a customer of the Atlanta W Hotel claims that multiple staff members tackled and detained him for criticizing a manager. The customer is seeking $250,000 in damages. The Atlanta Journal Constitution has the story.

Filing a lawsuit against a business or corporation for false imprisonment used to be a difficult endeavor. However, a recent appeals court decision, Ferrell v. Mikula, has clarified the law and made it easier for customers to hold businesses accountable.

Generally, unless there is some recognized justification, a business can be liable for false imprisonment if the actions of an employee cause a customer to be falsely arrested.

In many cases, the issue of false imprisonment arises when a customer is detained and arrested for shoplifting. A shopkeeper in such a case is generally liable unless he can show that a reasonable person would have believed that the customer was shoplifting. A shopkeeper must also show that the manner and length of the detention were reasonable.

The Atlanta W Hotel case is a good example of false imprisonment if the customer’s claims prove to be true. The complaint alleges that the customer, Michael Pelkey, criticized the hotel manager after the manager made derogatory statements about America in the hotel bar. The bartender then told Pelkey to leave and Pelkey complied. However, while walking back to his room, Pelkey claims that he was tackled, handcuffed and detained by five to six staff members. The staff members then allegedly dragged Pelkey outside into the parking lot. Staff members called the police an hour later, and when police arrived, they told officers that Pelkey was intoxicated and was trying to start fights. Pelkey was then arrested.

If successful, Mr. Pelkey, or a similar plaintiff, may be able to recover damages for emotional distress, physical harm and loss of reputation. In cases where the customer is assaulted or if the business acts with malice, the injured customer may also seek punitive damages. Punitive damages are designed to punish the offending business and to deter it from falsely imprisoning customers in the future. In some cases, these damages can be significant.