- 10-Jan-2025
- Family Law Guides
In general, negligence claims can be filed against public authorities or government entities in certain situations, but these claims are subject to specific legal principles and exceptions. One of the most significant barriers to filing such claims is sovereign immunity, a legal doctrine that protects the government from being sued in many circumstances. However, there are exceptions to sovereign immunity, and in certain cases, public authorities can be held liable for negligence.
Sovereign immunity refers to the principle that the government, as an entity, cannot be sued without its consent. This doctrine prevents lawsuits against public authorities unless the government waives immunity or consent to be sued in specific circumstances.
Federal and State Sovereign Immunity: In the United States, the Eleventh Amendment grants immunity to states from certain lawsuits. At the federal level, the Federal Tort Claims Act (FTCA) provides limited exceptions to sovereign immunity, allowing individuals to sue the federal government for negligence under specific conditions.
Government Immunity: Similarly, many states have laws that grant government agencies or public officials immunity from lawsuits for negligence unless specific exceptions apply.
Despite the general principle of immunity, there are several instances where a negligence claim can be filed against public authorities or government entities.
Many governments have statutes or legal provisions that waive sovereign immunity for specific types of claims. These laws typically set out the conditions under which the government can be held liable for negligence.
Example: The Federal Tort Claims Act (FTCA) allows individuals to sue the federal government for certain negligent acts, such as those involving federal employees acting within the scope of their duties. Similarly, states may have their own Tort Claims Acts that waive immunity for some types of negligence claims.
Public authorities can be held liable if they are negligent in performing a government function, such as maintaining roads, providing public safety, or running public services. However, negligence claims are often subject to strict conditions and must show that the government entity owed a duty of care and breached that duty.
Example: A city government may be sued if it fails to repair a dangerous pothole that causes a car accident. The government entity could be held liable if it can be proven that the failure to fix the pothole was negligent.
In some cases, immunity does not apply to specific actions taken by public authorities. These include:
Example: A public school may be held liable if it fails to properly supervise students during recess and a child is injured.
Many states have passed laws (known as Tort Claims Acts) that allow citizens to file lawsuits against state or local government entities for certain types of negligence, such as accidents caused by government vehicles, inadequate maintenance of public infrastructure, or failure of public services.
Example: A person injured in an accident caused by a public transportation bus may file a negligence claim under the Tort Claims Act if the accident was caused by driver error or mechanical failure.
Even when a claim is allowed, there are often additional legal hurdles when suing public authorities:
A government agency responsible for maintaining public highways may be sued if it negligently fails to repair a hazardous road condition, such as a large pothole, resulting in a car accident. The agency could be held liable if the injured party can prove that the pothole had existed long enough for the government to have repaired it but failed to do so.
A claim could be filed against a police department if officers negligently handle a situation, such as using excessive force during an arrest, resulting in injury. The department could be held liable if it’s shown that the officers’ actions deviated from standard police practices or violated the rights of the individual.
If a local health department negligently oversees food safety and a person becomes ill from contaminated food in a government-inspected restaurant, the injured party might be able to sue the local government agency for negligence if they failed to meet public health standards.
While negligence claims can be filed against public authorities, they are often complicated by sovereign immunity and other legal protections. In most cases, public authorities can only be sued if the government has waived its immunity through specific laws (such as tort claims acts) or if the government’s actions are deemed to involve a clear breach of duty that led to harm. Notice requirements, damage caps, and the distinction between discretionary and ministerial duties are important factors to consider when pursuing a negligence claim against a government entity.
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