Police Negligence Attorney
Lawyer in Portland, Oregon
Why make a negligence claim against the police?
Sometimes, it is difficult to prove that the police violated a person’s civil rights by using excessive force. In some instances, it is easier to prove that the officer was merely negligent. A simple negligence claim may be appropriate where a police officer gets involved in a traffic accident because he/she violated the vehicle code. Simple negligence may also involve a situation where a police officer accidentally puts handcuffs on someone too tightly, causing injury. Negligence an be an additional claim made as a back up to an excessive use of force claim due to the lower burden of proof. For this reason, I recommend that prospective clients always submit proper tort claim which is required with 180 days. See: Oregon Tort Claim Notice by Clicking Here
What do I need to prove in order to show an officer was negligent?
First you must show that the officer breached some sort of duty to you. Then you must show that as a result of the negligence that you suffered some form of identifiable harm. You must also show that the type of harm that you suffered was predictable or foreseeable. While a person may technically have a case, I usually only accept cases in which the identifiable harm would not be considered frivolous.