1
you are responsible for your actions
Liability
This refers to responsibility for debts or wrongdoing against another private party.
Civil Liability
Deriving from French for “wrong,” a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another
Tort
a remedy in the form of monetary compensation to the harmed party. Damages refer to the sum of money the law imposes
Damages
What does FOIA stand for?
Freedom of Information Act
when a person is hired without using proper screening techniques
Negligent Hire
List 2 types of immunity
exchange of information
public official’s protection
government immunity
diplomatic immunity
when a recruit is not transferred or suspended to a non-sensitive assignment after numerous substantiated disciplinary reports are received
Negligent Assignment
exemption from penalties, payments, or legal requirements, granted by authorities or statutes
Immunity
entrusting a person into a position of responsibility who clearly should not have held such a position
Negligent Entrustment
A lack of care that demonstrates a reckless disregard for the safety or lives of others, which is so great it appears to be a conscious violation of other people's rights to safety. It is more than simple inadvertence and can affect the amount of damages.
Gross Negligence
An actual cause that is also legally sufficient to support liability
Proximate Cause
The degree of care (watchfulness, attention, caution, and prudence) that a reasonable person should exercise under the circumstances
Define Standard of Care
agencies have an obligation to provide valid, job-related training for their recruits and their employees
Failure to Train
This liability refers to the responsibility placed upon one person for the failure of another with whom the first person has a special relationship, such as parent and child or employer and employee
Vicarious Liability
How many exemptions are found in FOIA?
9
A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions but can also consist of omissions
Negligence
failing to give a recruit direction for a task that they obviously do not understand how to complete
Failure to Direct
section of the Texas Civil and Remedies code holds the Good Samaritan Act
74.151
What are the four elements required to establish a Prima Facie case of Negligence
Duty
Breach
Cause of Action
Damages
A municipality is liable under this chapter for damages arising from its governmental functions, which are those functions that are enjoined on a municipality by law and are given it by the state as part of the state's sovereignty, to be exercised by the municipality in the interest of the general public, including but not limited to police and fire protection and contro
liability of a municipality
Describe what is in the Texas Labor Code Chapter 22
Discrimination
are intended to compensate the injured party for loss or injury.
Compensatory damages
Which section of the health and safety code holds information on Emergency Medical Dispatch & Liability?
771.108
List the 7 affirmative links to a tort
Failure to train
negligent hire
negligent retention
negligent entrustment
negligent supervision
negligent assignment
and failure to direct