A duty of care does not exist in all police functions. However, it would normally exist where a member of the public might owe another member of the public a duty of care ie not driving recklessly. You must be able to show that you have suffered some form of damage ie. damage to goods, physical injury, psychiatric injury or financial loss.
There are many examples where the law would not normally find any duty of care in negligence against the police ie a failure to record crime, investigate or prosecute. However, changes in the law, have led to exceptions in certain serious cases.
Examples of Claims:
- You report a rape against a person whom others have reported or a murder (a serious allegation) and the police fail to record the crime, investigate and/or prosecute it
- You are harmed whilst in police custody
- You suffer an injury in a road traffic accident due to the driving of a police officer
- A police officer enters your property in error as he has the wrong property
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