Accident in Prison or Police Custody
If you are detained in Police Custody or serving a sentence in Prison, the state takes on a duty of care to make every effort to ensure you do not get injured as a result of being detained. Similarly the premises in which you are detained should be kept to a standard and to the normal rules which apply to any organisation.
You may have been injured in the following situations due to being in police custody or prison:
Special risks - There are unfortunately situations reported where the authorities have elected to put a violent prisoner with a vulnerable cell mate and violence has occurred. Or where a serious crime offender has not been isolated for their own protection and has been attacked by a fellow prison on the conventional wing. The Prison Authorities' duties include making an appropriate risk assessment on inmates and placing them according to their circumstances, and if they fail to carry out an assessment or get it wrong then liability may rest with the Prison Authorities.
Failing to treat - Medical Treatment is still essential and obligated to an inmate. For obvious reasons they are unable to go to their GP or local hospital. Therefore if an inmate has an injury or condition which they have reported to the police or prison guards and are seeking treatment, which gets overlooked or declined access to a doctor, liability for a claim if the situation gets worse may rest with the detainers, especially if the condition severely worsens and hospitalisation is required.
Slips, trips and falls - Any location poses some risk of injury from slips, trips and falls.
This applies equally in a prison or police station. Unfortunately the nature of the location is that it will be difficult to produce dependable witness or other evidence to show that the accident was caused by the negligence of the authorities. However, you can succeed with claims where prisoners have suffered injuries caused by slips, trips and falls. Contact us today to see how we could help.
If you or someone you know has been involved in an incident whilst being detained by the authorities, contact Accident Injury Solicitors now for free advice on your individual case.