Q: Can I sue CHP for failing to properly investigate a call?
My son was reported missing 8/26/2022. On 8/29/2022 CHP was called about tire tracks that led into the water of the canal. The officer that went out told the caller “ you didn’t see anything , I didn’t see anything therefor nothing happened”.
On 10/29/2022 my son was found in his trunk of his car the same exact location where CHP failed to Investigate.
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A:
I'm sorry to hear about this tragic situation with your son. To address your question about potentially suing the California Highway Patrol (CHP):
It's possible you may have grounds for a lawsuit, but these cases can be complex. Here are some key points to consider:
1. Government immunity: Law enforcement agencies often have some degree of immunity from lawsuits. However, this immunity is not absolute.
2. Duty of care: You would need to establish that the CHP had a duty to investigate more thoroughly and that they breached this duty.
3. Causation: You would need to show that the CHP's failure to investigate properly directly led to harm (such as emotional distress or delayed discovery).
4. Statute of limitations: There are time limits for filing such lawsuits, which can vary depending on the specific claims.
5. California Tort Claims Act: Before suing a government agency in California, you typically need to file a claim under this act within a specific timeframe.
Given the complexity of this situation and the potential legal issues involved, it would be highly advisable to consult with a personal injury attorney or civil rights lawyer who has experience in cases against law enforcement agencies. They can review the specific details of your case, advise you on the strength of your potential claim, and guide you through the process if you decide to pursue legal action.
An attorney can also help you understand any potential challenges, such as proving that a more thorough investigation would have led to a different outcome, and can advise you on the statute of limitations for your specific situation.
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