What is the liability of a California Highway Patrol officer for failing to stop for a pedestrian?
California, United States of America
The following excerpt is from Yardley v. Cnty. of Imperial, D064757 (Cal. App. 2015):
duty to provide a particular level of protection, and then fails to do so . . . or if an officer undertakes affirmative acts that increase the risk of harm to the plaintiff." (Zelig, supra, 27 Cal.4th at p. 1129.) In these circumstances, liability is imposed based on the officer's misfeasance, rather than his or her nonfeasance. (See Lugtu v. California Highway Patrol (2001) 26 Cal.4th 703, 716-717; Camp, supra, 184 Cal.App.4th at pp. 976-977.)
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