Exposure & Liability
Exposure & Liability
Police departments often make themselves vulnerable to liability due to policy and procedural related issues.
Most departments have policy manuals and standard operating procedures that address areas of high liability. However, some departments, even those who operate under accreditation standards, have modified and expanded their policies to the extent that the policies are overly detailed and complicated. For police personnel, these complex policies are difficult to follow, particularly when examined in the context of a specific incident.
Some police agencies have outdated policies and procedures that are inconsistent with established departmental practices. These practices are not codified and can result in issues of negligence. Examples of this negligence are pre-employment background investigations, hiring, supervision, retention, and promotion. Generally speaking, these agencies often engage in actions that are inconsistent with recognized ‘best practices’ in law enforcement.
Unfortunately, there are other cases of police actions that demonstrate personnel and departmental non-compliance and non-conformity with established policies and procedures. In these cases, issues of consideration involve the agency’s failure to provide training or inadequate training.