- Published: November 14, 2021
- Updated: November 14, 2021
- University / College: University of California, Davis
- Language: English
- Downloads: 42
How the doctrine of duty of care and failure to protect leads to police liability
The scope of police duties of care remains an equivocal topic across various settings all around the globe. Worth noting is the fact that the doctrine of duty postulates that public officers such as police officers have a moral obligation to serve for the best interest of the society. Based on the fact that police officers take an oath to serve and protect, they are instilled with principles aligned with integrity, selflessness, and honor. However, there are various ways in which this doctrine results in police liability. More importantly, failure of police to respond to emergency calls requiring police assistance makes them liable for the outcomes of such emergencies (Rogers & Lewis, 2013). In addition, failure of police officers to carry out adequate investigations that would allow for provision of justice to victims and offenders as postulated by this doctrine makes them liable. Overall, this doctrine gives additional duty to police officers, which makes them liable for the mishaps related to their duties.
How laws covering vehicular pursuits lead to police liability
There are various ways in which laws covering vehicular pursuit’s results in police liability. Police liability in cases of vehicular pursuits mainly originates in two different cases. Above all, police officers should be held liable for cases where they cause injury to suspects when they are carrying out vehicular pursuits. Precisely, there are cases where police officer may inflict injury intentionally by ramming or using stop sticks (Hicks, 2007). On another note, police liability with regards to vehicular pursuits originates in cases where police violates the due processes by causing harm, which may not be related to the goal of arrest during the process of vehicular pursuits. Overall, there exist specific laws covering vehicular pursuits that deem police officers liable for misfortunes that occur during such incidences.
References
Hicks, W. L. (2007). Police Vehicular Pursuits: Constitutionality, Liability and Negligence. Springfield: Charles C Thomas Publisher, LTD.
Rogers, C. & Lewis, R. (2013). Introduction to Police Work. Boston: Routledge.
