Thursday, February 4, 2010

I was told that I was locked up whiles I was asleep. Can I sue for false imprisonment?

I was not aware I was locked up till I awoke and was told.I was told that I was locked up whiles I was asleep. Can I sue for false imprisonment?
not unless you can prove you was in jail.I was told that I was locked up whiles I was asleep. Can I sue for false imprisonment?
Depends. Generally, the elements needed to prove false imprisonment are as follows:





1) an act by the defendant that confines the plaintiff


2) to a bounded area (meaning no reasonably means of escape)


3) intent by the defendant and


4) causation





Additionally, in order to state a claim for false imprisonment, one of two things must have occurred. Either:





1) the plaintiff was aware of the confinement; or,


2) the plaintiff, even if unaware of the confinement, was harmed by it.





So, for example, let's say your roomate locked you into your bedroom while you slept but before you awoke he unlocked the door. You are none the wiser about the confinement and have not been damaged - no cause of action.





However, let's say you have a night nurse that comes in the middle of the night to give you a nightly dose of medicine as you sleep. She can't get in to administer your medicine because your roomate has locked the door. You wake up the next morning feeling horribly ill because you didn't get your medicine. Then you'd be able to maintain a cause of action, because even though you didn't know about the confinement you were injured by it.

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