 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Day v. State5/11/1999
person negligently caused by thief); City of Pinellas Park v. Brown, 604 So. 2d 1222, 1228 (Fla. 1992) (police chase presented jury proximate cause issue); Lowrimore v. Dimmitt, 979 P.2d 1027, 1030-31 (Or. 1990) (recognizing that proximate cause could be satisfied in police chase context); Travis v. City of Mesquite, 830 S.W.2d 94, 98-99 (Tex. 1992) (rejecting argument that there is no proximate cause as a matter of law in police chase context).
The issue of whether police officers owe a duty of care to third parties who are injured by fleeing suspects is an issue that a number of other states have decided. The majority of recent cases holds that an action will lie in such circumstances. The New Jersey Supreme Court, in Tice v. Cramer, 627 A.2d 1090, 1103-04 (N.J. 1993), stated: "The majority of recent cases, however, hold that a police officer or a governmental employer may be held liable for third-party injuries when the police officer is negligent in continuing a vehicular chase." Accord Biscoe v. Arlington County, 738 F.2d 1352, 1366 (D.C. Cir. 1984) (stating "numerous jurisdictions have recognized a cause of action for negligent conduct of a high-speed chase, where the pursued vehicle strikes and injures an innocent third party"). See also Seals v. City of Columbia, 575 So. 2d 1061 (Ala. 1991); Tetro v. Town of Stratford, 458 A.2d 5 (Conn. 1983); City of Miami v. Horne, 198 So. 2d 10 (Fla. 1967); Mixon v. City of Warner Robins, 444 S.E.2d 761 (Ga. 1994); Boyer v. State, 594 A.2d 121 (Md. 1991); Fiser v. City of Ann Arbor, 339 N.W.2d 413 (Mich. 1983); Lee v. City of Omaha, 307 N.W.2d 800 (Neb. 1981); Lowrimore v. Dimmitt, 797 P.2d 1027 (Or. 1990); Haynes v. Hamilton County, 883 S.W.2d 606 (Tenn. 1994); Travis v. City of Mesquite, 830 S.W.2d 94 (Tex. 1992); Mason v. Bitton, 534 P.2d 1360 (Wash. 1975). A few states, however, require a showing of gross negligence before imposing liability. See Breck v. Cortez, 490 N.E.2d 88 (Ill. App. Ct. 1986); Bullins v. Schmidt, 369 S.E.2d 601 (N.C. 1988); Peak v. Ratliff, 408 S.E.2d 300 (W. Va. 1991).
Several of these cases are closely on point. The Washington Supreme Court, in Mason v. Bitton, 534 P.2d 1360 (Wash. 1975), construing an emergency vehicle statute with nearly identical provisions to Utah Code Ann. ยง 41-6-14, rejected the argument that the State advances in the instant case. The court concluded that the Washington Legislature, by enacting the statute, intended to protect "persons and property from all consequences resulting from negligent behavior of the enforcement officers," including injury to third parties caused by fleeing suspects. Id. at 1363.
The Michigan Supreme Court in Fiser v. City of Ann Arbor, 339 N.W.2d 413 (Mich. 1983), also construed a statute similar to Utah's and held that a police officer owes a duty to other drivers on the road who may be injured as a proximate result of his negligence. As in the instant case, Fiser involved a motorist whose vehicle was struck by a fleeing suspect. The court stated that the legislative intent behind the statute was clear: " mergency vehicles must be driven with due regard for the safety of others," id. at 417, and the jury, in deciding whether a police officer breached this duty, should consider, among other things, the speed and location of the chase, the presence of pedestrians and other vehicles, and the reason for initiating the pursuit. See id.
Maryland's highest court has also held that the state can be held liable for injuries to third persons arising from a high-speed chase. The court held that
"police officers owe a duty of care to a plaintiff injured by suspected criminals fleeing the officers if the officer "set in motion a chain of
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Utah Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|