What Is Police Negligence? Lawyers Explain Situations That Could Lead to a Lawsuit

The police owe a legal duty of care to the public. Apart from serving and protecting, officers must act with reasonable caution while acting in their official capacities. When the police fail to meet this standard, police negligence lawyers can pursue claims against the department for injury compensation.

Defining Police Negligence

Negligence occurs when a party owes a duty of care but fails to fulfill it due to carelessness. Specifically, the party must take reasonable steps to avoid exposing others to a risk of injury or death that they know or should know about.

For example, drivers owe other road users a duty of care to drive with the level of caution expected of a reasonably careful driver.

What is police negligence? Police negligence happens when law enforcement officers fail to act with reasonable care, and the failure harms the victim. Stated differently, police officers owe the public, including suspects, a legal duty to carry out their duties with the care and caution expected of a reasonable officer in the same situation.

The “reasonable officer” standard gives the police extra leeway in handling situations. Specifically, officers are allowed to use force or other extraordinary measures, such as vehicle chases that would not be available to ordinary citizens, to protect themselves or the public.

Thus, in determining whether a police officer acted negligently, a jury would consider the situation and whether the officer should have responded differently according to accepted practices and reasonable conduct standards. Based on this test, the following examples outline some ways police officers can act negligently:

Excessive Use of Force

Excessive force occurs when officers use more force than necessary under the circumstances, resulting in injuries or fatalities. Virginia law defines some acts that are almost always excessive, such as using chokeholds, firing into moving vehicles, and discharging non-lethal kinetic munitions.

When the police violate this statute, your police negligence lawyers can argue that the acts constitute negligence per se. Negligence per se is a legal doctrine that allows victims to skip over proving the existence of a legal duty and a breach of that duty. Instead, the victim only needs to prove that the officer’s acts caused their injuries.

Police negligence can also occur without an officer violating the excessive force statute. For example, beating a suspect after cuffing them could constitute excessive force without violating the statute because it violates the suspect’s civil rights.

Notably, the excessive force statute also imposes a legal duty on officers to intervene when they observe other officers using excessive force. Thus, another ground for suing a police department for negligence could include an officer’s failure to stop excessive force against the victim.

Failure to Provide Medical Care

Officers cannot act deliberately indifferent to a suspect’s need for medical care. In other words, once a suspect is in custody, the police have a duty to secure medical attention for the suspect’s clear needs. A suspect might have a case for negligence if the officers deny or delay treatment.

Wrongful Arrest or Detention

Officers must meet certain legal standards to arrest or detain someone. Specifically, officers detaining someone must have a legal justification, such as someone attempting to cause self-harm, or probable cause to believe the person committed a crime.

If officers lack any reason for holding someone, they may have acted negligently in the performance of their duties.

Negligent Pursuits and Vehicle Accidents

The police must exercise reasonable care during high-speed chases. Many departments have implemented policies to limit when officers should chase suspects and the conditions under which they should end a chase that has already started.

If officers violate department policies or engage in unreasonably dangerous chases, the department may be liable for any resulting accidents and injuries to bystanders.

Evidence Mishandling or Fabrication

Officers must engage in reasonably competent handling of evidence. Moreover, they must not deliberately fabricate or contaminate evidence. Tampering with evidence can constitute negligence by officers and those who failed to supervise them.

Failure to Protect While in Custody

Officers have a legal duty to protect inmates from risks that they know about or should reasonably expect. For example, if you are booked for assault because of a bar fight, the officers should make reasonable efforts to separate you from those you were fighting.

Legal Options for Victims of Police Negligence

Federal law gives victims of official acts the right to sue for Constitutional violations. In other words, negligence is not enough to sue a police agency in Virginia. Your police negligence attorney must also prove that the officer’s negligence violated your Constitutional rights.

This type of claim, called a section 1983 case, is remedied with an award of compensation. You can also seek an injunction to force the police to adjust practices to avoid future violations.

FAQ

What Compensation Can I Recover for Police Negligence?

You can pursue compensation for the financial costs of your injuries, including medical bills, diminished future earnings, and lost salary. You can also seek compensation for pain, suffering, and other non-financial losses.

How Do Police Negligence Lawyers Prove Liability?

Civil rights lawyers need evidence to prove negligence. Evidence can include testimony from witnesses, including you. It might also include body camera footage, dash camera video, and medical records.

Are the Police Liable for Wrongfully Arresting Lawful Protesters?

You have a Constitutional right to free speech and free assembly. If you are protesting lawfully, the police arguably violate your civil rights when they arrest, detain, or use excessive force against you.

Contact Commonwealth Law Group to Discuss Your Injuries With an Experienced Police Negligence Attorney

Police negligence can lead to long-term disabilities or even death. Contact us for a free consultation to discuss your injuries and your right to seek injury compensation from the police agency responsible for causing them.