An arrest is when a person is apprehended and taken into custody; it requires probable cause. A false arrest is when a person is held against their will or taken into custody without consent or a legal justification. When a person is falsely arrested, they may be able to bring a civil claim for damages under tort law. Note that many false arrests are carried out by store managers, mall security guards and others who are not police officers.
A false arrest is considered an intentional tort, which means that the accused knew of and wanted the consequences of their actions.
If you were the victim of false arrest, contact an experienced local personal injury attorney. The lawyer can review the details of your situation and discuss your legal rights. If the attorney takes your case, they will work to negotiate a fair settlement or jury award for your damages.
Proving an intentional tort
In order to prove an intentional tort, the plaintiff will need to show that the defendant’s conduct went above and beyond simple carelessness or negligence. It must be proved that the defendant intentionally restrained the plaintiff.
Awareness of confinement:
In order to recover damages, the plaintiff will need to show that they were aware of the confinement at the time it happened. Defendant’s may argue that the plaintiff was too intoxicated or drugged to be aware of being confined. Note that the plaintiff does not need to know that their arrest wasn’t legal when it was happening but if they consented to be arrested because they thought it was legal, they will not be able to sue to recover damages for false arrest.
Was there a legal basis for the arrest?
A defendant will attempt to prove that there was a legal basis for the arrest they made, such as reasonable suspicion of a crime being committed, or a warrant or court order. This means that a reasonable person in the defendant’s position would have had cause to believe that the plaintiff was committing a crime before they arrested them or that they had a legal warrant/court order for their arrest.
Can police officers be sued for false arrest?
This means that in order to sue a police officer for false arrest, a personal injury attorney would have to prove that the police officer knew or that a reasonable police officer would have known that the arrest was not in accordance with a valid statute.
Seek the help of a personal injury attorney
If you or a loved one was injured because of the negligence of another, contact a personal injury lawyer to discuss your legal rights. Let an experienced injury attorney fight for the full compensation that you deserve. It is not uncommon to receive a settlement from the insurance company that is five to ten times larger with the help of a lawyer. Call the personal injury lawyers at Tario & Associates, P.S. in Bellingham, WA today for a FREE consultation! We have been representing residents of Whatcom County, Skagit County, Island County and Snohomish County since 1979. You will pay nothing up front and no attorney fees at all unless we recover damages for you!Read More
Coronavirus has directly impacted all Americans in one way or another. Some have become gravely ill; many have lost loved ones and others are simply missing social gatherings and the regular events they attend in the spring. People with an active personal injury claim may be wondering how COVID-19 is affecting personal injury cases? Those who have been recently injured or who are within the statute of limitations for their injury and would like to bring a personal injury claim may be wondering if they can bring a claim at this time.Read More
All personal injury attorneys are NOT created equal. There is a whole range of attorneys out there from average to bad to great; a great attorney will have the results to prove it. In addition, experience varies widely between accident lawyers. There’s a big difference between an attorney right out of law school and one who’s been practicing for decades and has represented thousands of clients. If you’re looking for a personal injury attorney to handle your personal injury claim, there are many factors to consider but experience and proven results should be at the top of the list.Read More
Coronavirus is an infectious disease; it is a highly contagious virus sweeping the globe. This means that anyone who is exposed to the virus is at risk of contracting it. For some, the symptoms are relatively minor presenting as a bad cold with tightness in the chest but others require hospitalization and the use of ventilators to breathe. The death rate is estimated at 3.6 percent, with those 80 years and older or with chronic health issues by far the most affected.Read More
When a person is harmed because of the negligence of another, they may be able to sue for damages through a personal injury lawsuit. With the impending explosion of coronavirus cases, some may be wondering if they will be able to sue after contracting the coronavirus at a hospital, nursing home, or on a cruise ship.
If you or a loved one contracted the coronavirus and you believe it was because of the negligence of a business or organization, contact a personal injury lawyer to discuss your legal rights. The personal injury attorney will assess whether the organization took “all reasonable measures” to prevent exposure to the virus. If reasonable measures were not taken, the attorney may be able to help you recover damages.Read More
A personal injury claim is a legal dispute that arises because a person has suffered harm from an accident or injury that another person or entity might be legally responsible for because of negligent or reckless behavior. Put another way, injuries caused by another person or organization’s reckless behavior may lead to a personal injury claim. Personal injury attorneys are familiar with the laws in the state they practice and can assess your situation to let you know whether you have a legitimate personal injury claim.
Understanding the elements of a personal injury claim is the first step to knowing whether you could have a successful claim.Read More
A Florida couple who has been stuck on the Grand Princess cruise liner for days off the coast of San Francisco along with 3,500 other passengers and crew members because 21 people tested positive for the Coronavirus is suing the cruise line. One of the 21 patients died after contracting the virus. The couple is accusing the ship’s operator of gross negligence in allowing them to be exposed to Coronavirus. The couple is seeking more than $1 million in damages, according to a report by CNN.Read More
According to the FDA, eight people have been sickened and three have been hospitalized after eating a Fresh Express salad kit possibly tainted with E. coli. This strain of E. coli (0157:H7) is different from the E. coli outbreak tied to romaine lettuce grown in the Salinas, California region. Federal officials say that it’s possible that the kits contained romaine lettuce from the Salina area but as of now, they have not identified a particular ingredient in the mix that is contaminated with the bacteria. The illnesses were reported from three states: Wisconsin, North Dakota and Minnesota.Read More
September 15-21, 2019 is National Farm Safety and Health Week sponsored by the National Education Center for Agricultural Safety (NECAS). NECAS “is dedicated to preventing illnesses, injuries and deaths among farmers and ranchers, agricultural and horticultural workers, their families and their employees.”
Daily farm safety themes:Read More
Red raspberries grown by Rader Farms of Bellingham, Washington and sold by WinCo Foods in several western states were recalled on Friday, June 14 because of possible norovirus contamination. The recall was prompted after the Food and Drug Administration (FDA) found contamination in a sample test. WinCo Foods has removed the frozen berry product from their store shelves.Read More