Police liability is a serious consideration for all who protect and serve. Specifically, the doctrines of duty of care, failure to protect, and the laws covering vehicular pursuits can lead a police officer or police department straight to court in a legal or civil liability case. The responsibility of the officer when carrying out the duties of the job is heavy with potential liability.
Duty of care, when dealing specifically with police officers, can lead to liability when an officer or police department shows a pattern and practice of violating civil rights or when there is a breach of duty (Ryan, 2006). This means that if an officer does not act with reasonable care, causes an injury, or causes damages, the officer and his or her department may be liable for those actions or inactions.
An officer may be liable for failure to protect if he or she places a criminal or the victim of a criminal in greater danger than prior to police involvement. Most officers are advised that for criminals or victims under their care, they must protect them of face federal civil liability (Rutledge, 2010). For example, after arresting someone and placing them in a squad car, a seat belt must be buckled if the car will be in motion so that in the case of a traffic accident, the criminal is protected as best as possible.
Vehicular pursuits by police are prevalent in the media and hotly debated by the public. There is a risk of liability to a police officer who pursues a vehicle if the officer isn’t pursuing the vehicle for “purposes of investigation, for purposes of citation for traffic offenses, of for arrest for more serious crimes” (Civil liability, 2007, p. 1). An officer must avoid unnecessary danger and not submit to negligence. To avoid liability, an officer must not cause harm to anyone or any property that is not the subject of the vehicular pursuit.