Is Your Public Entity Prioritizing Law Enforcement Liability Risks?

Law enforcement personnel throughout the U.S. encounter numerous challenges while carrying out their duties to protect and serve their communities. In recent years, rising costs of judgments and settlements stemming from liability claims may be some of the most significant of those challenges. Risk managers who work with law enforcement are expected to prioritize law enforcement liability to combat the consequences of police misconduct.

“Public agency risk managers must insist on a more proactive risk mitigation approach with their departments to help deter the exponential costs of jury awards and subsequent insurance premiums, while restoring confidence with the public,” said Jared Smith, Risk Control Manager at Safety National. “Risk managers are singularly poised to address these issues because of their risk perspectives and strong influence within their departments.”

Here are a few tactics risk managers may use to strengthen the risk profile of their law enforcement agencies.

1. Insist that the department holds a use of force, accident, and injury review for every incident and utilizes it during officer performance evaluations.

A risk manager’s perspective can provide a crucial detached observation. These reviews may help find ways to improve procedures, policies, and outcomes. While these meetings can be time-consuming, and law enforcement may bristle at holding such reviews, the litigious environment surrounding police conduct requires more scrutiny.

2. Understand how officers are being injured in training.

Across the country, training is responsible for approximately one-third of all officer injuries. Risk managers should be aware of the training methods used for their department and ensure that injury prevention is prioritized in these trainings. Assigning a safety officer for each training session can help monitor techniques and provide feedback to participants.

3. Recognize the department’s policies that cause the most liability.

During an incident review, a risk manager should be familiar with the policies for the actions in question. Policy review may also help ensure that the department is not creating unnecessary duties.

4. Create a culture of suicide awareness.

According to a recent study conducted by the CNA Corporation in collaboration with First HELP, suicide is the number one cause of death for law enforcement. Risk managers can support their department personnel by providing outreach resources and identifying professionals who can best support an officer’s concerns. If an officer is only referred to the general employee assistance program (EAP) plan, they may not use it. Risk management should identify qualified return-to-work vendors who can support officers’ mental health as they return to duty.

5. Evaluate how the agency is monitoring vehicle use.

Motor vehicle accidents rank among the most preventable injuries to law enforcement personnel. Accidents involving the public remain a high source of litigation for police departments. Analyzing accidents is crucial for improving behaviors in a department, while monitoring vehicle speed data can help determine if officers are engaging in unnecessary risks. Pursuit policies should be scrutinized regularly to ensure the public’s interest is being served. Telematics are now being used more frequently to monitor vehicle use.

6. Engage in public outreach and communication.

Transparency can help build trust amongst the community. Efforts, such as citizen academies, education evenings, and other positive police interactions, help foster trust within the community for both the officers and the public.