How To Avoid Liability Issues in K9 Police Units

Liability for K9 units can arise due to excessive force, such as when the dog bites someone.It is possible to have dogs bite people.When the circumstances do not call for it, legal liability arises when you allow a dog to bite.A K9 police unit is legally liable for negligently hiring and training handler and dogs to serve in the unit.

Step 1: Follow your state's standards.

You must take into account the standards created by your state when selecting the handler.The handler should have strong character qualities such as patience, flexibility, maturity, dependability, and initiative according to California's standards.The handler should be fit.Emotional stability should be exhibited by the handler.Good communication skills are what the handler should have.The handler needs to be comfortable with dogs.

Step 2: The board should be used to pick the best candidate.

You shouldn't depend on one person to pick your dog handler.The best candidate will be selected by a board.

Step 3: A background check is performed.

A full background check and a check of references should be included in your selection process.All paperwork should be held onto, including letters of recommendation, CVs, and resume.Look into the handler's history.If the officer has been accused of excessive use of force or violent behavior, you should look into it.The handler may not restrain the dog properly.For the duration of the handler's employment and for several years after he or she leaves, you should keep your paperwork.You could be sued for as long as a year after a dog bite.If someone brings a lawsuit, your paperwork, including references and background checks, will show that you weren't careless when hiring and assigning people.

Step 4: Two people evaluate dogs.

If the dog bites someone, you could face legal liability for choosing a dog that shouldn't have been in a K9 unit.The dogs you pick must be able to handle stress.Sending two people to look at dogs is one way to make sure you aren't negligent in selecting the dog.

Step 5: Make sure the trainer goes.

A thorough understanding of dog behavior is required by the trainer.If you have more than one trainer, make sure the one who works with the dog goes to select it.Few dogs have the temperament to succeed as police dogs, so you will want an expert who can recognize these.

Step 6: The dog should be put through appropriate tests.

Dogs are likely to be put through multiple tests.You should also use social behavior and social aggression testing if you want to take a stress test.Test at multiple locations and neutral locations.Since the dog will not be working in the backyard, you shouldn't test it there.You want to see how the dog responds.

Step 7: The dog should be taken for physical testing.

The dog needs to be taken to the vet.Hip dysplasia can cripple a dog and the vet should check it out.An X-ray will be needed to test for this condition.Someone who is unlicensed should not be used as a doctor.If a problem is identified by the vet, be sure to respond.

Step 8: You can find your state's training standards.

Standards must be followed when training K9 units.You can find your state's standard online.New Jersey has published its K-9 Training Standards and Qualification Requirements, which covers basic training for K9 patrol teams, re-evaluation and in-service requirements for training facilities.

Step 9: Meet the minimum maintenance training.

Minimum maintenance training in the United States is 16 hours per month, for an average of four hours a week, per team.The absolute minimum is the only one that states can set.Follow the standards of your state.The minimum amount of hours of training for multi-discipline and cross trained dogs is not enough.

Step 10: You should get yearly certification.

Your state standards may require more frequent certification, so you should have your teams certified at least yearly.There are two ways to get certification.It's important that whoever performs the certification doesn't have a conflict of interest.Anyone with a financial interest in the K9 unit cannot be the dog's handler or trainer.Out of the house.The certification could be done by a K9 agency or an evaluator.The third party must not have a conflict of interest.

Step 11: Understand the use of excessive force.

It is not illegal to use a K9 team or for a dog to bite a suspect.It is unconstitutional to allow a dog to use excessive force. To determine whether the dog was objectively reasonable, a court will look at the severity of the crime.It is not a nationwide rule to use a canine on someone suspected of a crime.The suspect posed an immediate threat to the safety of the officers.All factors must not be analyzed in hindsight.A suspect who refuses to show their hands to police could be concealing a weapon.Even if the person didn't have a weapon, it would be reasonable for the officers to assume he did.The suspect was trying to flee the scene.There are any other relevant factors.

Step 12: You should read your state and local law.

Laws may be created by states and local governments when a dog bites a person.If the person bitten was not involved in the crime that prompted the use of the dog, your unit can be held liable.Make sure to check with your lawyer to make sure you understand the laws.

Step 13: There is a policy for the use of dogs.

When it is appropriate to use a police dog should be described in your policy.Some cities will make you responsible for dog bites if you don't have a policy in place.Contact another K9 unit in your state if you need help coming up with a policy.You can find policies online.The officer should give suspects warnings before unleashing the dog.An officer could say, this is the police.Come out if anyone is in the building.If you don't give this warning, a police dog will be sent in to find you and you may be bitten.

Step 14: Analyze each bite.

Whenever there is a bite, have officers fill out bite report forms.All bite incidents should be analyzed so that you can determine if the bite was necessary.If the handler gave the correct commands, the dog responded correctly, and the person bitten the race and ethnicity of the victim, then the use of force was justified.

Step 15: Monthly reviews should be performed.

You shouldn't review the K9 team more than once a year.A monthly review of the unit is what you should commit to.The team's physical and mental stability should be reviewed.

Step 16: A manual can be created.

A basic K9 manual is a good idea to give to your employees.The goals and objectives of the K9 unit and the unit's organization should be included in the manual.

Step 17: Provide retraining.

If you become aware that some dogs are being used in a way that is inappropriate, you need to take immediate corrective action.If officers are using dogs to pick up people who commit non-violent misdemeanors and who pose no threat to the officers, then they should be retrained.If you don't take corrective action, a court could find you guilty of "deliberate indifference", which will make you legally liable for any injuries the dogs cause.

Step 18: Don't forget to document everything.

Maintaining documentation is something you should commit to.Document the training that you give and any deficiencies that become known as well as corrective action you have taken.Keep complete records of all training activities, including course schedules, lesson plans and curricula.Record-keeping is important.Some courts will find the K9 unit negligent if it doesn't keep proper records.Information about record retention can be found in your state's training guide.You should follow the rules in your state.