Governmental Immunity: What if the Government Injures You?

The relationship between individuals and the government is essential to our legal system. In personal injury and tort law, it’s crucial to know about governmental immunity. People often wonder if they can sue the government or its agencies, especially when a government official or employee does something wrong and causes harm. Let’s explore this issue.

Understanding Governmental Immunity and Sovereign Immunity

These terms come from the old belief that the state, or sovereign, was immune to being sued. Over time, with changing common law and constitutional decisions, including ones from the supreme court, this has shifted. Now, the government can be held accountable for wrongful acts, especially if a government employee or official neglects their duty.

Governmental Immunity in Utah

Utah’s legislative framework establishes both the immunity and the limitations to that immunity concerning governmental actions. U.C.A. 63G-7-301(2)(h)(i) explicitly waives the government’s immunity in instances where negligence is evident, such as in situations involving unsafe public structures or negligent actions of government employees. This means that if a public servant acts carelessly and causes harm, they can indeed be held accountable.

In this provision’s actual words:

“Immunity from suit of each governmental entity is waived . . . as to any injury caused by: a defective, unsafe, or dangerous condition of any highway, road, street, alley, crosswalk, sidewalk, culvert, tunnel, bridge, viaduct, or other structure located on them; or any defective or dangerous condition of a public building, structure, dam, reservoir, or other public improvement; and . . . as to any injury proximately caused by a negligent act or omission of an employee committed with the scope of employment.”

When Can You Sue the State Government?

Let’s consider a tangible example. If a local municipality was aware of a hazardous pothole in the middle of a busy road and neglected to repair it or provide adequate warnings, leading to a car accident where an individual suffered injuries, the municipality might be liable for the resulting personal injury claims. This could be due to their failure in their duty of care to maintain safe road conditions for the public.

Here’s another: Imagine you’re riding your bicycle on a state-maintained trail. Unbeknownst to you, a portion of the trail has severely deteriorated, creating a dangerous condition that’s not immediately visible. Despite several reports to the state parks department, no signs have been posted, nor has any repair been attempted. As you navigate this path, your bike hits the damaged surface, causing you to sustain a serious fall and suffer significant injuries. In this scenario, the state government could potentially be sued for negligence.

When Can’t You Sue the Government?

The government still retains immunity for certain situations as outlined in U.C.A. 63G-7-201(4). For instance, the government isn’t typically held liable for issues like negligent inspection, natural conditions on public lands, or the refusal to issue specific licenses. So, if a park has natural dangers like a steep cliff, the government might not be blamed if someone gets hurt. Although these exemptions exist, it’s worth noting that they rarely apply to the vast majority of personal injury claims.

The Federal Tort Claims Act (FTCA)

On the federal front, the Federal Tort Claims Act (FTCA) is the cornerstone legislation that allows private individuals to sue the United States for torts committed by persons acting on behalf of the federal government. This act essentially waives the federal government’s sovereign immunity when its employees are negligent within the scope of their employment.

If a public employee, like police officers or other law enforcement, causes injury or even wrongful death while doing their governmental function, the injured party can sue the federal government under the Federal Tort Claims Act. But remember, there are types of claims like workers’ compensation and medical malpractice where rules differ.

The Caps on Compensation

The government has established a cap on the amount of compensation that one can receive in a personal injury lawsuit. The reality is that many victims incur damages far exceeding this amount. We had a case where the client was t-boned by a school bus that ran a red light, causing the client’s car to roll. Our client was hospitalized for 10 months, and will live the rest of her life in a wheelchair. Her medical bills exceeded $1,000,000, and she was sure to incur more in the future. The government only had to pay her $717,100, which is only a fraction of her damages.

How to Sue the Government

Suing the government is a process that demands strict attention to detail, given the unique protections and considerations surrounding governmental entities. If you believe you have a valid claim against a government body, follow these steps:

1. Determine Validity: Before pursuing legal action, ensure you have a legitimate claim. Ensure your case falls within the exceptions where the government’s immunity is waived, like those detailed above.
2. File a Notice of Claim: Before suing a government agency or entity, send them a notice of claim. Firstly, one must ensure they send a notice of claim within a year of the injury. This notice, which must be dispatched via certified mail, serves as a formal declaration of your intention to pursue compensation. It should clearly outline the circumstances leading to the injury, establish why the government bears responsibility, and provide a detailed account of injuries and associated damages.

Tip: Choosing the correct government representative to receive this notice is vital. In scenarios involving school-related injuries, for example, the notice must be sent to the district’s superintendent. To eliminate any room for errors, it’s also advisable to send a copy to the Attorney General’s office. Utah has made available a specific database to help individuals determine the correct official recipient, ensuring that your notice reaches the right hands.

1. Wait for a Response: Upon receiving your notice, the government has a three-month window to respond. After this, you have a one-year period to initiate a lawsuit, based either on the date of the government’s response or, in case of no response, from the end of the 90-day period. Missing this deadline can prove costly, completely barring any further action on your claim.
2. Initiate a Lawsuit: If the government denies your claim or doesn’t respond within the stipulated time frame, you can proceed to file a lawsuit.
3. Gather Evidence: Like any lawsuit, it’s vital to accumulate all necessary evidence supporting your claim. This can include photographs, medical reports, witness statements, and any other relevant documentation,
4. Seek Expert Testimony: In some cases, particularly when determining negligence or the intricacies of a specific harm caused, an expert testimony might be beneficial.

Should I Contact a Lawyer about My Problem with the Government?

The simple answer is, yes. Due to the complexities and intricacies involved in suing the government, having legal representation is highly recommended. Here’s why:

1. Complex Nature of Laws: Dealing with subdivisions of local governments, state employees, and understanding the waiver of qualified immunity requires expertise. An attorney can guide claimants, offer legal advice, ensure proper procedures, and sometimes even help with a free consultation.
2. Strict Deadlines: Missing the deadline to file a notice or initiate a lawsuit can be detrimental to your case. An attorney will ensure you comply with all timelines.
3. Maximizing Compensation: While the government has caps on compensation, an experienced attorney can ensure you receive the maximum amount allowed by law.
4. Representation in Court: Should your case proceed to court, having an attorney represent you will be invaluable. They can argue your case, present evidence, and counter any defenses put forth by the government’s legal team.
5. Peace of Mind: Lastly, navigating the legal landscape can be daunting. Having someone knowledgeable to guide you can alleviate much of the stress and uncertainty.

Engaging with the government over personal injury claims can be a complex and nuanced process. However, with the right understanding of the law, its exceptions, and its intricacies, victims can ensure they follow the right procedures and have a fair shot at justice. Always consult with an experienced government liability lawyer to navigate the maze of governmental immunity and seek the compensation you rightfully deserve.

Schedule Your Free Consultation with Parker & McConkie

If you believe you may have a claim against a governmental entity or need further understanding about the nuances of governmental immunity, Parker & McConkie is here to guide you. Our extensive experience in personal injury and deep knowledge of the intricacies of filing claims against the state ensure that you’ll have the best representation on your side. Schedule a free consultation today!