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Georgia Code Title 51. Torts § 51-7-60

Current as of March 28, 2024 | Updated by FindLaw Staff

Whenever the owner or operator of a retail establishment as defined in Code Section 16-7-2 or a food service establishment as defined in Code Section 26-2-370 or any agent or employee thereof detains or causes to be detained any person pursuant to Code Section 17-4-80 and any person who detains or causes to be detained a person while acting pursuant to Article 2 of Chapter 3 of Title 16 wherein the person so detained brings an action for false arrest or false imprisonment against such owner, operator, agent, employee, or person, no recovery shall be had by the plaintiff in such action when it is established by competent evidence:

(1) That the plaintiff had so conducted himself or herself or behaved in such manner as to cause a person of reasonable prudence to believe that the plaintiff, at or immediately prior to the time of the detention, was committing an:

(A) Offense authorized for detention pursuant to Code Section 17-4-80; or

(B) Act which caused a detention which was justified as provided in Article 2 of Chapter 3 of Title 16; and

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

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Cite this article: FindLaw.com - Georgia Code Title 51. Torts § 51-7-60 - last updated March 28, 2024 | https://codes.findlaw.com/ga/title-51-torts/ga-code-sect-51-7-60/

Read this complete Georgia Code Title 51. Torts § 51-7-60 on Westlaw. Westlaw subscription required.

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