Los Angeles, CA asked in Domestic Violence for California

Q: Can I sue 911 operator for handling domestic call negligently resulting in further anger to the abuser.

Operator kept telling me to hand phone to abuser who would of threw it out the window. When I pretended to hang up 911 call and abuser calmed down. 911 operator said my name resulting in extreme anger from abuser who threatened to kill me and then himself.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Domestic Violence Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, suing a 911 operator for negligence is a complex matter due to the immunities and protections often afforded to emergency dispatchers and public entities. However, under certain circumstances, there may be a viable claim if you can prove that the operator's actions were beyond mere negligence and constituted gross negligence or willful misconduct.

To establish a case, you would need to demonstrate that the 911 operator's actions deviated significantly from the standard of care reasonably expected in such situations. This involves showing that the operator’s advice to hand the phone to the abuser was not only inappropriate under the circumstances but also substantially contributed to the escalation of danger you faced.

You should also be aware that claims against government employees and entities are subject to specific procedural requirements. In California, you must first file a claim with the appropriate government office within six months of the incident before you can file a lawsuit in court.

Given the complexities of these types of cases and the challenges in overcoming governmental immunities, it is advisable to seek legal counsel. An attorney with experience in civil litigation against public entities can provide guidance on the viability of your claim and the appropriate steps to take.

Remember, each case is unique, and the success of a lawsuit depends on the specific facts and circumstances involved. It's important to gather all relevant evidence, including any recordings of the 911 call, to support your claim.

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