I had a situation where a girl tried a backflip and knocked the wind out of herself. We took her to a hospital and found out that she was a daughter of a friend. However, the police filed a report and took it to the step dad and told him that they had a good case against us. They were basically encouraging a lawsuit. Thankfulyl the girl left with an hour of being there and was told she was fine. However, I am really upset that the police told their friend to sue me. I thought that police could not give legal advice. Can anyone help me clear this issue up?
2006-11-27 01:39:27 · 10 answers · asked by Scott G 1 in Politics & Government ➔ Law & Ethics
Many police are aware of the suffering of working class stiffs and other poor, and often share encouragement with the victims.
If you feel that the police was not doing his or her job well, you can discuss this with the shift officer or chief. Still, I think you should just let it go. The police have a hard enough job, being stabbed, shot at, and everything else, without you griping for something where you weren't really hurt.
2006-11-27 01:43:28 · answer #1 · answered by Anonymous · 0⤊ 0⤋
#1. The police had no reason to be treating an accident as a criminal infraction.
#2. The police are not authorized to advise any one to sue in a professional capacity (i.e, not as a police officer on duty).., however when they are communication a personal opinion "off duty" they are human and may do so only at that point. Anything else is less than professional.
My advice (as a non government employee) is to find out the name(s) of the police who gave this advice and sue them and the city - call an attorney. You don't have to sue for money, but you can make an example of them by demanding either (a) these policemen to be fired -or- (b) apologize directly to you and your family.
2006-11-27 09:52:14 · answer #2 · answered by Victor ious 6 · 0⤊ 0⤋
well, for one thing it doesnt sound like they do have a case, and no, its not the cops place to tell them that or give advice. I dont even know, from what you said, why the police were even notified or what kind of report they filed, dhs could possible be involved but unless you live in california i wouldnt worry too much about a lawsuit, you had better document everything with timelines though, you are in the system now, and just cause the cops had no right to suggest anything doesnt mean much at this point.
2006-11-27 09:43:32 · answer #3 · answered by rand a 5 · 0⤊ 0⤋
The injured party has to file a complaint with the police.
The police wouldn't just arrest you. The police have an obligation to the tell the parties of their rights.
What the police said in effect was that there was reason to believe that you in some way contributed to what happened. That means the injured party could file a complaint against you.
2006-11-27 09:51:15 · answer #4 · answered by Floyd B 5 · 0⤊ 0⤋
b. because as a police officer you are not permitted to give legal advice and if anyone should be sueing it should be you sueing the officer because he gave legal advice. plus america is sue happy people can sue for anything just the other day in my town someone was sued for steping on a persons new pair of shoes.
2006-11-27 09:44:42 · answer #5 · answered by indianwoods91 2 · 0⤊ 0⤋
first off you should even get blamed for that bulls*** second the police cant tell anyone to sue only the person who got hert has the right to do that even if it was a child she really should have been trying to backflip espessally backflick when she knw she couldnt do it. but if shes okay then shes just okay she shouldnt sue
2006-11-27 09:45:21 · answer #6 · answered by KKSLTER 2 · 0⤊ 0⤋
I'm surprised that the police would want to go out on a limb like that. They shouldn't say anything to encourage a lawsuit.
2006-11-27 09:41:19 · answer #7 · answered by sheeny 6 · 0⤊ 0⤋
they are like clerks of the court, they are not supposed to give legal advice. However, if the dad asked if he was entitled to any compensation b/c of this incident they may have said it was a case best handled in a civil court (aka: lawsuit court)
2006-11-27 09:42:49 · answer #8 · answered by sixcannonballs 5 · 0⤊ 0⤋
They aren't technically supposed to, but when does that stop them from doing things the right way? There isn't anything you can do if it is illegal. It's your word against the cops, and who do you think a judge would believe? Just be thankful no one is pressing charges.
2006-11-27 09:43:35 · answer #9 · answered by Low Key 6 · 0⤊ 0⤋
Definately not their job...The most they can do is "suggest" you get a lawyer, they can not offer legal advice.
2006-11-27 09:42:44 · answer #10 · answered by boots 6 · 0⤊ 0⤋