Liability For Field Training Officer Flashcards
Being actually or potentially subject to an obligation; the condition or being responsible for a possible or actual loss, penalty, evil, expense, or burden; condition which creates a duty to perform an act immediately, or in the future.
Liability
What are the three types of liability?
- Administrative
- Criminal
- Civil
Owe some administrative duty to the peace officer, standards, and training council GCIC and other organizations in addition to Georgia law. When you forget that the rules and regulations of your agency county or city create _______________ _________________
Administrative Liability
_____________ _____________ is based on a ___________. A _________ is a private or civil wrong, other than a breach of contract and wish the action of one person causes injury to the person property of another
Civil liability; tort; tort
Is based on crimes that have been established in the criminal code
Criminal Liability
A conduct that involves an unreasonable risk of causing danger or harm and arises from the fact that our society imposes A Duty upon individuals to conduct their affairs in a manner which will avoid objecting others to an unreasonable risk of harm.
Negligence
Failure to use that degree of care that an ordinary prudent person would use in life circumstances.
Simple negligence
Failure to perform a manifest duty and reckless disregard of the consequences as affecting the life of property of another
Gross negligence
An intentional act of unreasonable character, and disregard of risk known to the actor or so obvious that the actor must have been aware of it and so great as to make it highly probable that harm will follow.
Willful negligence
Duty: to conduct oneself according to a certain standard
Deviation: from the Duty or standard by which we should be guided
Direct linked: between the unreasonable act or deviation from the duty and the harm or damage suffered by the plaintiff
Damage: as a result of the defendant actions
4 D’s of negligence
Negligent training
Negligent entrustment
Negligent supervision
Negligent retention
The four negligent causes of action
Every person who, under the color of any statue, ordinance, regulation, custom, or usage; the deprivation of any rights privileges or immunity secured by the constitution in laws.
42 USC 1983
Treating employees or trainees differently because of their inclusion and some protective class of people
Disparate treatment
Involves the use of training practices, which are facially neutral in their treatment of different groups, but will impact more severely one protected class and cannot be justified by business necessity.
Disparate impact
Something happened in between the action taken by the defendant, but before harm or damage occurred to the plaintiff
Intervening cause