2010 Georgia Code
TITLE 51 - TORTS
CHAPTER 7 - FALSE ARREST, FALSE IMPRISONMENT, MALICIOUS PROSECUTION, AND ABUSIVE LITIGATION
ARTICLE 4 - DETENTION OR ARREST ON SUSPICION OF SHOPLIFTING OR FILM PIRACY
§ 51-7-60 - Preclusion of recovery for detention or arrest of person suspected of shoplifting under certain circumstances

O.C.G.A. 51-7-60 (2010)
51-7-60. Preclusion of recovery for detention or arrest of person suspected of shoplifting under certain circumstances


Whenever the owner or operator of a mercantile establishment or any agent or employee of the owner or operator detains, arrests, or causes to be detained or arrested any person reasonably thought to be engaged in shoplifting and, as a result of the detention or arrest, the person so detained or arrested brings an action for false arrest or false imprisonment against the owner, operator, agent, or employee, no recovery shall be had by the plaintiff in such action where it is established by competent evidence:

(1) That the plaintiff had so conducted himself or behaved in such manner as to cause a man of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention or arrest, was committing the offense of shoplifting, as defined by Code Section 16-8-14; or

(2) That the manner of the detention or arrest and the length of time during which such plaintiff was detained was under all the circumstances reasonable.

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