(DOWNLOAD) "People v. Bennett" by Second Appellate District, Division Five Court of Appeal of California " eBook PDF Kindle ePub Free
eBook details
- Title: People v. Bennett
- Author : Second Appellate District, Division Five Court of Appeal of California
- Release Date : January 08, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
A driver is killed in an automobile accident. A deputy sheriff arrives at the scene of the accident and places an empty vodka bottle alongside the body of the victim. A newspaper photographer arrives a short time later, and in the presence of the deputy sheriff photographs the scene without knowing it is contrived. Because of the publication of the misleading photograph, the photographer loses his job and his reputation as a newspaper photographer suffers. He is sued in an action brought by the survivors of the accident victim. May the photographer then sue the officer and the San Luis Obispo County (County) for negligence? Yes, because when a law enforcement officer creates a peril which causes a persons injury, the officer has a duty to warn of the peril, and that duty does not depend on the existence of a "special relationship."