Earlier this month, on the morning of October 2nd alcohol shattered the lives of two young Houston women. One of these women was in the back of a police car after being arrested for public intoxication, and the other was driving drunk when she hit that police car. The woman in police custody was thrown from the vehicle and did not survive. After the accident it was reported that the arresting officer may have violated department policy by failing to make sure that the arrested woman was properly restrained in a seat belt after being put in the car.
Every year hundreds of people are injured while in police custody, however many mistakenly believe that being in custody strips them of their legal right to recover for their injuries. While it is true that not everyone injured while in police custody can file a lawsuit for their injuries, some injured in certain circumstances can file a lawsuit just as they would against any other person that caused them injury. So what factor allows a person to sue over the injuries they incurred while in custody? The answer is negligence.
If a police officer’s negligent actions lead to an injury the police department may be liable. A good example of negligence by the police is the case mentioned above. Not following a department policy of making sure a person is wearing a seat belt after being placed in a police car can easily be construed as negligence. If negligence is proven in a lawsuit against the police the injured person will be able to recover for their injuries just as they would if the case was between two civilians.
If you or a loved one have been injured or killed as a result of police negligence or the negligence of any other person the attorneys at Ben Bronston and Associates are here to help. Our attorneys have helped those injured in Texas navigate the legal system to get the monetary recovery and justice they deserve.