Personal Injury Liability: Police and Law Enforcement

Law enforcement officers work tirelessly and around the clock to ensure that members of the public follow the law. These officers, however, are also required to follow the laws that govern them.

One of the main functions of law enforcement is to obtain information and to gather evidence. Law enforcement officers must follow the United States Constitution whenever they are performing their duties as peace officers.

When Can the Police Be Held Liable for Damages?

Law enforcement officers may be held liable for damages if they:

• Fail to perform their duties;
• Perform their duties negligently;
• Abuse their power; or
• Use excessive force.

The two main categories of police liability include:

• Liability for torts, or for civil wrongs; and
• Liability for civil rights violations.

What Kind of Lawsuits Are Brought Against the Police?

Common examples of categories of lawsuits that are brought against law enforcement include:

• Assault and battery;
• False imprisonment;
• False arrest;
• Wrongful death;
• Negligent hiring, supervision, or retention of officers;
• Negligent training or failure to train;
• Negligent entrustment; and
• Failure to discipline or investigate.

Can Police Be Held Liable for Personal Injuries Resulting from Failure to Help Citizens?

Personal injury claims are legal claims in which an individual alleges to have suffered physical, mental, emotional injuries or property damages. In many cases, these types of losses result from some type of accident.

If the individual who was injured files a claim or a lawsuit, they will usually request some type of financial compensation from the party responsible for causing the accident. These are referred to as compensatory damages because they compensate the recipient for the injuries they suffered.

Although it may be possible, law enforcement officers are rarely found responsible for personal injuries suffered because of a failure to help citizens. For example, suppose X has threatened to hurt Y and Y reports this to law enforcement.

Even if law enforcement fails to protect Y, they still may not be held liable for the personal injury that X inflicts on Y.

Why Are Police Not Held Liable for Such Personal Injuries?

In general, law enforcement only has a duty to protect the public at large. Therefore, while law enforcement may be held liable for failing to respond to a wild shootout in a public subway, they may not be held liable for an individual who is injured when their car is robbed.

In other words, law enforcement does not have a duty to protect individual citizens from injury by others.

Why Is There No Duty to Protect Individual Citizens?

In general, courts do not want to hold any individual responsible, even law enforcement, for the criminal actions of another party. In the majority of personal injury cases, a victim is more likely to sue a well-funded law enforcement agency rather than the individual who is responsible for the crime.

Allowing a victim to do this would discourage local governments from providing extensive law enforcement protection to their citizens, due to the potential for increased liability.

Are There Any Exceptions to the Police’s Lack of Duty to Protect Individuals?

Courts may impose a duty to protect individuals citizens if the individual is able to prove the following four elements:

• Law enforcement either promises or attempts to aid the individual: For example, if an individual calls the police and the dispatcher tells them help is on the way, the police has made an indirect promise to protect the individual;
• Law enforcement knows that their inaction is more than likely to lead to personal injury or other harm: For example, if a police officer sees a child being chased by an armed adult, it is more than likely that the officer’s inaction will lead to the child’s harm. In this type of situation, courts want police officials to address crimes and personal injuries that they have a good chance of preventing;
• Law enforcement came into direct contact with the individual: The individual must personally tell law enforcement officials about the presence of danger;
  • An example of this would be an individual approaching a police officer and saying someone is trying to kill them. The idea behind this is to make sure police officials are aware of the individual’s need for protection; and
• The individual justifiably relied on law enforcement’s promise to protect: In other words, the individual must have reasonably depended on police providing them with protection;
  • For example, assume A has broken into B’s house to injure B. B subsequently hides in a closet and calls 911, who tell them help is on the way and to stay in the closet. In this situation, if B stays in the closet waiting for police to arrive, he has justifiably relied on the police’s promise to protect.

In contrast, if B comes out of the closet with a baseball bat, B’s attempt at self-defense will take away their justifiable reliance on police protection. This is different from B hiding in the closet because, then, B has not changed their right to act by relying on 911’s assurance that help is on the way.

What Types of Claims Receive Compensatory Damages?

Compensatory damages can be awarded in many different types of personal injury cases. In fact, the majority of cases are resolved through some type of compensatory damages award.

Common categories of claims that receive compensatory damages awards may include, but are not limited to:

• Car accident claims;
• Slip and fall cases;
• Medical malpractice and other forms of malpractice;
• Assault, battery, and other types of torts;
• Dog bite cases and other types of animal attack claims;
• Injuries caused by defective or dangerous products; and
• Police misconduct lawsuits.

It is important for an individual to consult with an attorney to determine the laws in the state and how they apply to compensatory damages awards.

What Damages Might I Receive from a Police Misconduct Lawsuit?

The damages that are awarded in a police misconduct lawsuit may vary depending upon the severity of the misconduct in addition to the nature of the injuries that the individual suffered as a result of the misconduct.

The different categories of damages that a plaintiff may recover in a personal injury lawsuit include:

• Compensatory damages: An individual will be compensated for things, including:
  • property damage;
  • costs of medical care;
  • loss of earnings due to missed work; and
  • potential future loss of financial earnings;
• Aggravated damages: Aggravated damages may be awarded in an exceptional case where the law enforcement conduct was especially egregious;
  • aggravated damages may be awarded if the officer’s conduct subjected an individual to:
    • distress;
    • embarrassment; and
    • humiliation; and
• Exemplary damages: These damages, which are intended to serve as a deterrent for future similar conduct may be awarded where the police conduct amounted to an action that was:
  • oppressive;
  • arbitrary; or
  • unconstitutional.

Each category of damages has to be justified by evidence presented at trial.

How Can an Attorney Help Me?

If you have been a victim of personal injury as a result of the inaction of law enforcement, your biggest challenge will be overcoming the general rule against law enforcement liability. Because of this, it is important to consult with a personal injury attorney who can advise you if your case qualifies.

Your attorney can analyze your case based on the four requirements for an exception and, if your case qualifies, help you file a lawsuit and obtain compensation. It is important to be aware that many agencies have lawyers on staff to defend against lawsuits against them so your best chance at success is having a lawyer of your own.