In Estate of Cavanaugh v. Andrade, what missing policy factor led to city liability in a pursuit incident?

• A. The severity of the offense
• B. Weather, roadway, and traffic conditions
• C. The suspect's prior record
• D. The time of day

Answer: (B)

In Wisconsin law, city liability for a police pursuit often hinges on whether the agency had, or failed to have, policies that address the risks of pursuing a suspect. In Estate of Cavanaugh v. Andrade, the key issue was whether the city could be liable because its pursuit policy did not include guidance on hazardous conditions. The court identified weather, roadway, and traffic conditions as the missing policy factor. When a department fails to adopt policies that specifically account for these dangerous conditions, it signals a lapse in reasonable safeguards for public safety, supervision, and training. That gap can form the basis for liability because the pursuit proceeds without the risk-reducing standards that the policy should have provided.

So the best answer is that weather, roadway, and traffic conditions constitute the missing policy factor in that case. While factors like offense severity, the suspect’s prior record, or time of day might influence pursuit decisions, they were not the policy gap highlighted by the court as the liability-creating missing factor in this particular decision.