Police Negligence
Why make a negligence claim against the police? Sometimes, it is difficult to prove that the police violated a person’s civil rights by using excessive force. In some instances, it is easier to prove that the officer was merely negligent. A simple negligence claim may be appropriate where a police officer gets involved in a traffic accident because he/she violated the vehicle code. Simple negligence may also involve a situation where a police officer accidentally puts handcuffs on someone too tightly, causing injury. Negligence can be an additional claim made as a back up to an excessive use of force claim due to the lower burden of proof. For this reason, I recommend that prospective clients always submit proper tort claim notice. See the link above.
What do I need to prove in order to show an officer was negligent? First you must show that the officer breached some sort of duty to you. Then you must show that as a result of the negligence you suffered some form of identifiable harm. You must also show that the type of behavior that the officer did or did not engage in was predictable or forseeable to cause the harm you suffered. While a person may technically have a case, I usually only accept cases in which the identifiable harm would not be considered frivolous.
Disclaimer: Any legal information on this site is not necessarily updated in a timely manner; neither is it a substitute for a legal analysis in relation to your case. I do not represent you and I am not your lawyer, unless you have a fee agreement with me.