Police Liability Viral Video: Who is Responsible?

When someone injures you or damages your property, they are typically liable for damages. But what happens when law enforcement damages your property during a police action? What are the laws concerning police liability?

Police Liability Viral Video

This video is a perfect example. It shows police breaking a glass at a convenience store. For some context, a concerned neighbor called the cops when she noticed the worker inside the convenience store was seemingly unconscious. He did not respond when she tried to wake him.

She believed the man was prone to seizures and was concerned that he might be sick, so she called the police. They also tried to wake the man but were unsuccessful. That’s when they decided to break the window.

The breaking glass woke the man, and that’s when police found out he was just sleeping on the job. The outcome was embarrassing but also a relief. Now, there’s only one question: who is responsible for the property damage that occurred during the rescue effort?

Who is Liable for Damage During a Police Action?

In this instance, the police will not be liable for damages. Why? Because they were acting responsibly.

When the police act responsibly, and damage occurs, someone else takes the blame. In this case, it would be the store clerk or business owner. It will be up to the business to fix the glass. They may choose to hold the worker accountable for damages.

Liability Depends on the Case

In the viral video incident, the police would not be liable for damages. However, police liability laws can change depending on the circumstances. Here are some to consider:

A Police Car Chase

Let’s say you are innocently driving through the streets when suddenly a police chase passes you by, and your car becomes damaged. Who is responsible for the damages?

If you can prove the police acted negligently by continuing a high-speed chase in a populated area or a similar activity, you may receive compensation from law enforcement. However, the suspect could also be responsible, or other factors could play a role.

Arrest Action

A criminal is on the loose in your neighborhood and tries to seek refuge in your home. The police follow them inside, attempting to arrest him. In doing so, they damage your property. Are they liable?

Unfortunately, in this case, the criminal would be responsible for damages. You are best off seeking coverage through your insurance.

Search and Seizure

In this scenario, the police decide to search your home. They pull your house apart, trying to locate the item in question, and damage your property.

The police are permitted to search your home if they have a warrant. However, they cannot cause unnecessary damage when searching your home.

If you believe the police caused unnecessary damage during a search, you can file a complaint with the police department. If you do not get a satisfactory response, you may file a civil lawsuit.

Police Liability is an Uphill Battle

Although there are instances where people may be compensated for property damage that occurs during a police action, establishing police liability is often complex. You will need strong evidence to support your case.

Additionally, different rules apply to government agencies as compared to public agencies. For example, government agencies may have immunity under specific laws. These agencies will also have access to resources you don’t have. You may also need a particular claim form to file a claim.

People who think they have a police liability case are best off partnering with a lawyer for legal assistance.