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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33716
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Does it matter if my daughter was in police custody at the

Customer Question

Hello again. Does it matter if my daughter was in police custody at the time? She was at a place called "Shelter Care" which is run by our local police department. She had an electronic monitoring device on. She removed the device and fled Shelter Care, and that is when this took place - she was not in my custody at the time.
Submitted: 9 months ago.
Category: Legal
Expert:  Barrister replied 9 months ago.

I think that is a mitigating factor that you could try and use to sue the police to bring them into a suit as a co-defendant if you were sued since they were negligent in their exercising custody and control over daughter. But the underlying liability still falls on you as the parent of a minor child.

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But a jury might find the police liable for their negligence because "but for" them losing control over daughter, she wouldn't have been able to take the vehicle and damage it..

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So yes, you do have a defense here if they tried to sue you..

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thanks

Barrister

Customer: replied 9 months ago.
What do you think the odds are that they'll try to sue me?
Expert:  Barrister replied 9 months ago.

There is no way for me to speculate on that... I don't know the insurance company, their financial situation, what the police's position is on this, your financial situation, etc. It would be legally inappropriate for me to even guesstimate at what any odds are..

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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