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Can the sheriffs department be held negligent for refusing to send police assistance when it was needed?

Palm Beach, FL |

A couple of months ago I was involved in an incident in which my wife ( we have been separated for three years) chasing me with her vehicle while i was driving mine. The incident lasted for about 30 minutes during that time she was driving at a high rate of speed at times tailgaiting my car, pulling up beside my car attempting to run my car off the road and cut me off. I felt threatened and also afraid for the safety of the people in both vehicles which included my four children that were in her vehicle. I called the sherrifs office dispatcher 3 seperate times asking for police assistance and was denied by the dispatcher. I asked the dispatcher for help and explained the situation the dispatcher refused to send an officer unless I stoped my car and was stationary. I did not feel safe doing

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Attorney answers 7

Posted

I assume no one was injured, so no case. Filing complaints with the police might be helpful and against your wife for endangering the welfare of her children.

Posted

No damages=no lawsuit. You could file a police report, but they are going to ask you why it took a couple of months to do so. Contact a family law attorney about the situation with the kids. If it ever happens again I would suggest driving to the police station or just pulling over so the kids stay safe.

Good luck!

This answer does not create a legal relationship.

Posted

Even though it was a frightening experience there doesn't seem to be any real damages - Sorry, but not worth persuing

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Posted

Without damages, a lawsuit would cost you more than you would recover, but it's your money.

Posted

Need damages first

Posted

I agree with the answers provided by the other lawyers. No damages = No lawsuit.

The information provided herein is not intended to be legal advice and no attorney-client relationship exists as a result. Before relying on any advice, please consult an attorney.

Posted

For the Sheriff's department to be negligent, there must first be a "duty" owed. Law enforcement officer's do not owe a duty to the general public despite the existence of the 911 emergency call system. To be negligent, an officer would have to assume a duty or place you in a foreseeable zone of risk, which does not appear to be the case in your situation.

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