Liability Issues

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Liability Issues
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Training Objectives

• Describe in writing the difference between civil
  litigation and criminal prosecution.
• List and define three different types of torts.
• Describe three elements of a negligent action.
• Define an act of commission and an act of
  omission.

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Training Objectives

• Define negligence for the telecommunicator.
• Identify major areas where telecommunicators
  expose themselves to liability and discuss
  effective ways telecommunicators can protect
  themselves and their agency from a lawsuit.
• Define the term Public Duty Doctrine and review
  court cases provided.
• List in writing three general rules the
  telecommunicator should follow to reduce the risk
  of civil liability.

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Difference Between Civil Litigation and Criminal
Prosecution
Civil Suit
Criminal charges
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Intentional Torts

• Assault and battery
• Trespass to land
• Trespass to personal property
• Defamation

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Elements of aNegligent Action

• Existence of a legal duty
• Breach of the duty
• Damage as a proximate result of the breach

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Commission and Omission
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Public Duty Doctrine
Under a legal set of rules known as the public
duty doctrine, law enforcement agencies and their
agents have a general duty to protect the public
as a whole and to prevent crime. A municipality
and its agents act for the benefit of the public,
and thus there is generally not a duty to furnish
assistance to specific members of the public.
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SPECIAL DUTY
Law enforcement officials, including
telecommunicators, who make an actual promise of
protection, which is relied upon by the civilian,
have created a legal duty. Never make a promise
that could expose your agency to liability that
otherwise would not exist.
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Standard of Care
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What you say or "promise" to a caller could lead
you into obligating yourself and your agency to
provide an expected standard of care, which is
the reasonable expectations, under the
circumstances, in comparison to the actions of
others with similar training in a given situation.
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Negligence
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Liability Areas

• Disobedience of the rules
• Inattention to work
• Not following agency guidelines/policy
• Exercising poor judgment
• Taking chances
• Horseplay (laughing, inappropriate comments)
• Burnout attitude

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Limiting Your Liability

• Follow agency guidelines and protocols.
• Treat every call as serious, even if you think it
  is a prank.
• Do not make judgments as to the truthfulness of
  the caller.
• Do not make promises to the caller.
• Act as a reasonable person would
  in the performance of your job.
• Brief oncoming personnel upon
  shift change or rotation.
• Document your actions.

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Reducing the Risk of Civil Liability

• Do not promise what cannot be delivered.
• Correctly confirm the location where emergency
  services units are needed.
• Let the caller make decisions regarding personal
  safety.

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Add video
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Training Objectives
REVIEW

• Describe in writing the difference between civil
  litigation and criminal prosecution.
• List and define three different types of torts.
• Describe three elements of a negligent action.
• Define an act of commission and an act of
  omission.

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Training Objectives
REVIEW

• Define negligence for the telecommunicator.
• Identify major areas where telecommunicators
  expose themselves to liability and discuss
  effective ways telecommunicators can protect
  themselves and their agency from a lawsuit.
• Define the term Public Duty Doctrine and review
  court cases provided.
• List in writing three general rules the
  telecommunicator should follow to reduce the risk
  of civil liability.

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QUESTIONS