QUESTION
Can I sue a police department for falling down cement stairs while handcuffed behind the back and in their custody?
Asked on Apr 03rd, 2012 on Personal Injury - California
More details to this question:
In October 2011 police were called to my place of residence and I was hancuffed behind my back because the officer assumed I was under the influence of illegal drugs. The fact is I had been to the emergency room for severe headaches and I was given a shot and prescribed Lorazepam, other than that there was nothing else in my system. They made the assumption after taking my pulse and found it to be elevated, as they were walking me down the stairs I fell and hit my head on the cement steps and knocked my front tooth out and chipped another. I spent approximately two months in hospitals and as of today I do not have any recollection of the accident or the month following the injury. I have medical bills and expenses that my family incurred having to travel from the state of Mississippi to California. Can I sue the police department for pain and suffering?
2 ANSWERS
Personal Injury Attorney serving Newport Beach, CA
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Bisnar Chase Personal Injury Attorneys, LLP
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Yes, you can sue the police. The real questions are (1) what are your chances of winning; and (2) is the time, energy and cost of pursuing the claim worth the reward, considering the risks?
If the police were negligent in escorting you while handcuffed and that negligence caused you injury, then the police would be liable for your injuries.
However, in California you are required to file a governmental claim before you may sue a public entity (a state, county or local governmental entity) or a government employee for money damages. This would include a lawsuit over police negligence or misconduct.
The claim must meet the requirements of California Government Code sections 810-996.6 which requires written filing of the claim with in six months of the injury (with very few exceptions). Failure to properly and timely file will terminate your rights to sue in most every situation.
You need to consult a personal injury law firm with a great deal of experience in suing public entities and particularly suing police departments.
Good luck. It is the duty of its citizens to keep public entities in check, especially its police.
John Bisnar
Bisnar|Chase, California Personal Injury Attorneys
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Answered on Apr 08th, 2012 at 12:48 PM
Alimony Attorney serving Huntington Beach, CA
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Law Office of Jeffrey D. Stearman
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Generally, if you want to file a lawsuit against any government entity, you first have to file a Claim Notice against that entity. Those claim forms are available from the City, County or State Clerk, depending on who the claim is against. This usually needs to be done within 6 months of the alleged incident. If the claim is denied or not responded to within a certain period of time, then you must file a lawsuit within the applicable gov't claim statute. Further, the burden is on you to prove the police were negligent. Since you have no recollection of what occurred, that may be difficult.
The foregoing is general in nature and should not be considered legal advice.
Answered on Apr 04th, 2012 at 11:33 AM