Government Sovereign Immunity

Types of Claims

In cases involving government sovereign immunity, the specifics of each situation can vary significantly.

Some examples of government sovereign immunity include:

• Road Maintenance Negligence: If a government entity fails to properly maintain a road, leading to hazardous conditions and causing an accident, the injured party may face challenges in suing the government due to sovereign immunity. However, if it can be demonstrated that the government waived its immunity or acted with gross negligence, a claim might be possible.

• Government Employee Misconduct: When a government employee, such as a police officer, acts outside the scope of their official duties and causes harm, the government may not be immune. For instance, if Officer A uses excessive force during an arrest, leading to injury, the injured party could argue that Officer A’s actions were not covered by sovereign immunity.

• Public Property Injuries: If a person is injured on public property due to a hazardous condition that the government was aware of but failed to address, the injured party might attempt to claim that the government entity was negligent. For example, if a city park has a broken swing that injures a child, and it was reported but not repaired, the parents might have grounds to challenge sovereign immunity.

Types of Cases

To bring a successful claim against a government entity, the client must provide evidence that the entity or its employees acted negligently and that sovereign immunity does not apply. Key elements might include:

• An official report from a police department, government agency, or witness statements
• Testimony from experts or eyewitnesses
• Documentation of injuries and damages
• Evidence of the government’s knowledge of the hazardous condition or misconduct