(WSVN) - A police officer arrived at the scene. He tripped in the family home, and then he sued the family because he says he hurt himself. Can an officer responding to a 911 call sue you? To get the answer, the family called Help Me Howard with Patrick Fraser.
When you walk into the Garcia house, the first thing that catches your eye is the pool table.
Richard Garcia: “When we first got married, my wife and I played pool all the time. My kids love playing pool also.”
The table sits in a sunken area that you step down into.
Richard Garcia: “And it was done with permit and everything. And that’s the way it was designed on the permits.”
Then in July, the family had a medical emergency.
Miami Police and Fire Rescue responded. The officer’s bodycam footage is blacked out as he entered the house.
Richard Garcia: “My daughter said he just fell and went to the ground next to the pool table.”
The officer apparently didn’t see the step down into the pool table area.
Richard Garcia: “I think it’s more negligence on his part that he fell down, that he wasn’t really paying attention to where he was walking.”
When Richard got home, he says the officers complained about his floor.
Richard Garcia: “I know he hurt his wrists, ’cause he had mentioned it to me when I was outside talking to him. No, it didn’t look serious, it didn’t look serious. I mean, he was fine. He was doing everything else.”
Fortunately, the medical emergency was taken care of.
Then a few months later, a letter arrived from a lawyer.
Richard Garcia: “It said not to destroy any evidence, and I’m thinking to myself the house is built that way with permit and everything, so what would I destroy?
It turns out the Miami Police officer, Miguel Angel Mercado was suing Richard’s family for injuring himself, the lawyer wrote, due to a “dangerous uneven floor” causing Mercado to “violently fall, causing serious injuries and damages.”
Richard Garcia: “I felt kind of betrayed. I mean, you call rescue in the City of Miami to come to your house, and they turn around and they sue you because they weren’t paying attention.”
The officer’s lawsuit doesn’t mention what his serious injuries were, but the policeman wanted more that $50,000 for falling.
Richard Garcia: “If you were to go into somebody’s backyard chasing a criminal, and he would fall, so [does] that mean he can turn around and sue you?”
The family called 911 for help. They did get that, and they got a lawsuit they have to defend because an officer missed a step and fell.
Richard Garcia: “It’s outrageous that he’s suing, you know, suing us. I mean, how can a city employee sue us? I mean, that’s ridiculous.”
Well, can a police officer or fire rescue respond to a 911 call, trip, fall and sue you? Howard?
Howard Finkelstein, 7News legal expert: “The cop can sue, but he is going to lose. Whether you invite a friend or call for police for emergency help, you only have to notify them if there is a hidden danger that they would normally not see. That’s rare. In this case, a sunken living room is common and easy to see. The officer’s excuse, he didn’t see it, is not going to fly in court.”
We tried to talk to Officer Miguel Mercado. His attorney wrote they would not comment.
We checked the officer’s personnel file. It also doesn’t disclose what his injury was, but he tripped on July 24 and went on disability the next day.
He continued to draw disability for nearly three months, until November.
Richard Garcia: “I would like this case to be dismissed and nobody go through this again.”
The officer is now back on active duty, as Richard’s worries about the lawsuit begin to disappear.
Richard Garcia: “I’m very grateful that Help Me Howard got involved. You guys have helped me in providing me guidance through this process, and I’m very grateful.”
Thank you, Richard. We hope it will all work out the way we expect it to.
Now, in most cases, your homeowners insurance will cover the cost of fighting a lawsuit like this one, and they’re paying to defend Richard’s family. Fortunately.
Someone trying to trip you up? Don’t fall for it. Table it. Let us pool our resources and get you out from being the 8 ball.
With this Help Me Howard, I’m Patrick Fraser, 7News.
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Reporter: Patrick Fraser at pfraser@wsvn.com
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