When Can You Sue Local Government for Negligence?

Local government exists to provide basic services and maintain law and order. This responsibility includes a wide scope of duties, including the duty of care. When the government neglects this duty, residents suffer harm.

However, in the U.S., government institutions are protected by sovereign immunity. This essentially means a citizen cannot sue a local government without its consent.

This all-encompassing protection makes it nearly impossible for an individual to bring a lawsuit against their local government. This is often despite the fact that the person has suffered significant harm.

Fortunately, there are exceptions to sovereign immunity. You can take legal action if you have suffered harm or an injury because of local government negligence.

Where Does Sovereign Immunity Come From?

Sovereign immunity is a legal doctrine based on the idea that ‘the king can do no wrong.’ The concept is derived from British common law doctrine, and in the U.S., it applies to federal and state governments. However, it does not typically apply to municipalities.

Sovereign immunity is meant to protect governments from being sued left and right. If local government becomes overwhelmed with lawsuits, including frivolous cases, it may not be able to render public services properly.

When to File a Legal Case Against Local Government

So, it is clear that sovereign immunity protects local governments in most circumstances. Still, federal and state laws govern exceptions that determine when an individual can sue a government entity. These exceptions include the following:

Federal Tort Claims Act (FTCA)

The Federal Tort Claims Act was first enacted in 1946. It is a federal legislation that allows individuals to receive compensation for injury or damage suffered as a result of the negligence of a government employee.

As expected, there are several exceptions regarding the type of claims payable under the FTCA. Despite these exceptions, the FTCA does allow individuals to recover damages from the United States.

Under the FTCA, government entities waive their sovereign immunity for specific situations. This means you can sue if you were injured or your property was damaged by government negligence.

State Tort Claims Act

The State Tort Claims Act refers to each state’s version of the FTCA. Each state has its own laws and conditions under which individuals can file a legal case against local government.

For instance, under certain state laws, local governments can be held liable for damage or injuries as a result of the following:

• Car accidents involving government-owned vehicles and government employees
• Slip-and-fall accidents in government buildings
• Unsafe road conditions that the government failed to fix

State tort claims will inevitably vary from one state to another. One state may be more lenient, while another will have stricter limits on the right to sue local government.

Negligence While Driving

One of the most common exceptions to sovereign immunity is negligence while driving. Government employees may be involved in accidents while performing their duties because they are negligent. These include school bus drivers, public works employees, and police officers.

You could hold the local government liable if you are injured because of a government employee’s negligent or reckless driving.

For example, you may be on the sidewalk when a city garbage truck strikes you because the driver is distracted. You may then be able to file a claim against the city if you were injured in the accident.

It is important to note that some states will impose damage caps on legal cases like these. This will effectively limit the amount of compensation you can sue for.

Dangerous Conditions on Government Property

In your state, the local government is responsible for maintaining the safety of public property. This includes streets, sidewalks, parks, and government buildings. If you are injured because of dangerous conditions on government-owned property, you may have grounds to sue for negligence.

For instance, you may trip and fall on an uneven sidewalk. You could also be injured by poorly maintained equipment in a public park. You may have a case even if you are injured in a car accident because of malfunctioning traffic lights.

Gross Negligence

Bringing a standard negligence claim against a local government will always be tough. However, if your claim involves gross negligence or intentional misconduct, you are more likely to be allowed to sue.

Examples of gross negligence include a government agency’s failure to act on unsafe conditions in a public building after repeated warnings and complaints.

Sovereign Immunity Waivers

In some instances, a local government may voluntarily waive its sovereign immunity. This typically happens through legislation and allows individuals to file lawsuits. Sovereign immunity can also be waived through a contractual agreement.

A local government may enter into a contract with a clause or provision for waiving immunity for certain claims. State laws may also allow a local government to waive its immunity by pursuing liability insurance. This insurance can help provide coverage for negligence claims.

Suing Local Government

If you believe you have a case against your local government, you must follow several steps if you want to file a legal case.

Firstly, file a notice of claim if you intend to sue the local government. This notice must outline the facts of your case and give the government the opportunity to resolve the issue without going to court. You typically have 30 to 180 days to file a notice of claim after your accident or incident.

Moreover, you must also file your lawsuit within the statute of limitations of your specific state. Depending on where you live, this is usually one to two years from your injury or damages.

You may have to deal with imposed limits on the amount of damages you can recover. These caps vary by state and will likely limit compensation for pain and suffering, emotional distress, and punitive damages.

Why You Need to Hire a Lawyer

It is in your best interests to act fast if you want to sue the local government. You should also consult and hire an experienced lawyer to assist you.

Your lawyer will help you understand the laws applicable to your case. They will explain the type of immunity you have to work around and the compensation limitations that may apply.

Working with a lawyer will also greatly increase the chances of winning your case.