Ga. Code § 51-7-60

Current through 2023-2024 Legislative Session Chapter 374

Section 51-7-60 - Preclusion of recovery for detention of person suspected of theft under certain circumstances

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.

OCGA § 51-7-60

Amended by 2021 Ga. Laws 264,§ 7, eff. 5/10/2021.

Amended by 2014 Ga. Laws 566,§ 2-4, eff. 7/1/2014.