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Ask David C. Garner Your Own Question
David C. Garner
David C. Garner, Attorney
Category: Legal
Satisfied Customers: 970
Experience:  JD with Distinction, Admitted to practice in California
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If someone blocks you from getting into your car under threatening

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If someone blocks you from getting into your car under threatening circumstances, is that false imprisonment?

David C. Garner :

Hello, are you there?

Customer:

yes

David C. Garner :

Ok, what happened?

Customer:

Nothing- I am learning tort law in law school and as much research as I have done, I can't figure out if that scenario is false imprisonment. Is it okay to ask you?

Customer:

someone is leaning against your car door and won't let you in

David C. Garner :

Sure, I guess. False imprisonment involves confining a person to a bounded area with no reasonable means of escape. That means you are trapped IN. Blocking your entrance would not qualify as at least theoretically you would have infinite means of escape.

Customer:

yes, but no required to escape

David C. Garner :

A good example would be locking you in a bedroom with no exit.

David C. Garner :

Its not imprisonment if you can get away.

Customer:

okay, so you would argue no false imprisonment?

David C. Garner :

Correct. So you can't get into your car. You would have a stronger argument for trespass to chattels.

Customer:

Ah

Customer:

Now I didn't think of that

David C. Garner :

Don't sweat it. You are learning!!

Customer:

Thanks- I'll take it from here- and thanks for taking the time to help clear that up

David C. Garner :

No sweat. Good luck.

Customer:

Thanks :+)

Customer:

Good night

David C. Garner :

Take care

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