A landmark ruling means police can be sued if bystanders are injured by suspects being chased by officers.
The Supreme Court’s decision came after 76-year-old Elizabeth Robinson was crushed beneath officers who were trying to arrest a suspect.
She will now be able to sue for negligence after she was hurt and traumatised by the incident.
The Supreme Court (pictured) has ruled that people will be able to sue the police if they are injured by suspects officers are chasing
It is feared the ruling will cause ‘defensive policing’, The Times reports, as Serjeants’ In barrister Ian Skelt said it risks exposing officers to ‘a wide liability’ as he represented police.
Mrs Robinson was knocked to the ground in July 2008 after she alighted from a bus in Huddersfield, West Yorkshire.
Two police officers were chasing a suspected drug dealer when all three fell on top the pensioners, leaving her with scarring and serious orthopaedic injuries.
The Court of Appeal rejected Mrs Robinson’s case in 2014 after she fought for compensation from the force.
But their decision was overturned by the Supreme Court, which ruled police were liable as the injuries were caused by the man being arrested.
Lady Justice Hallett (pictured) rejected Mrs Robinson’s attempt to claim compensation
The court found there was foreseeable risk to the 76-year-old when officers tried to arrest the suspect.
The Police Federation of England and Wales vice-chairman, Che Donald, said he worried the ruling ‘puts officers in an invidious position’ as they fear being sued for performing their duties.
‘We would regret any injury that is caused to any bystander as an officer goes about their duties but this was a rare incident and officers always have it in their minds to protect the public,’ he added.
Public law barrister Adam Wagner said perceived police immunity had been turned on its head and said forces face being sued more often.
‘If a pedestrian is injured whilst officers are chasing a suspect, and the police were driving in a negligent way, that pedestrian may be able to sue for damages,’ he said.
In 2014 the Court of Appeal expressed ‘sympathy for Mrs Robinson’ but Lady Justice Hallett said a victory for her risked encouraging ‘defensive policing’.
The court found the public interest in fighting crime outweighed her rights as a citizen.