Georgia § 51-7-60 - Preclusion of recovery for detention or arrest of person suspected of shoplifting under certain circumstances.

§ 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 or refund fraud 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: 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 or arrest, was committing the offense of shoplifting, as defined by Code Section 16-8-14, or refund fraud as defined in Code Section 16-8-14; or 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. (Ga. L. 1958, p. 693, § 1; Ga. L. 2014, p. 404, § 2-4/SB 382.) Cross references. - Shoplifting, § 16-8-14 . Editor's notes. - Ga. L. 2014, p. 404, § 3-1/SB 382, not codified by the General Assembly, provides that: "This Act shall become effective on July 1, 2014, and shall apply to all conduct occurring on or after such date." Law reviews. - For article surveying torts law, see 34 Mercer L. Rev. 271 (1982). For annual survey on law of torts, see 42 Mercer L. Rev. 431 (1990). For note, "Publicly Funded Private Security: A Critical Examination of Georgia Law Pertaining to the Private Employment of Off-Duty Police Officers," see 51 Ga. L. Rev. 879 (2017).