Monday, March 14, 2016

Civil liability resulting from the operation of an emergency vehicle.

Practice point:  The manner in which a police officer operated his or her vehicle in responding to an emergency may form the basis of civil liability to an injured third party if the officer acted in reckless disregard for the safety of others.

Student note:  The 'reckless disregard' standard requires proof that the officer intentionally committed an act of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow.

Case:  Foster v. Suffolk County Police Dept., NY Slip Op 01639 (2d Dep't 2016)

Here is the decision.

Tomorrow's issue: A claim of professional negligence and the "reasonable person" standard of liability.