Home » Governmental Liability

Governmental Liability

Back

Understanding Governmental Liability for Personal Injuries in Missouri

  1. Introduction to Governmental Liability When an individual is injured due to the negligence of a government entity or its employees, unique legal challenges arise. Unlike private party litigation, suing a government body in Missouri is governed by specific statutes and principles that dictate when and how a government can be held liable.
  2. Sovereign Immunity and its Exceptions Traditionally, the doctrine of sovereign immunity protects government entities from being sued. However, Missouri law provides exceptions where this immunity is waived. These exceptions include:
  • Accidents involving government employees driving vehicles pursuant to the scope and course of their employment.
  • Injuries resulting from dangerous conditions on government property.

Understanding these exceptions is crucial for a successful claim against a governmental body.

Official Immunity in Missouri: Understanding Its Scope and Exceptions

Under Missouri law, official immunity is a legal doctrine that generally protects public employees from liability for alleged acts of negligence committed during the performance of their official duties. This immunity is grounded in the principle of allowing government officials to perform their duties without fearing constant litigation. However, there are notable exceptions to this rule, which include:

You Don't Pay Unless We Win For You!
PAST RESULT

Get Your Free Consultation

  1. Discretionary vs. Ministerial Acts: Official immunity typically covers discretionary acts, which involve personal deliberation, decision, and judgment. In contrast, it does not usually protect against liability for ministerial acts performed in a prescribed manner without the exercise of judgment or discretion.
  2. Willful and Malicious Conduct: Official immunity does not extend to public employees who engage in willful, malicious, or fraudulent conduct. If it is proven that an official’s actions were intentionally wrongful or conducted with malice, they can be held personally liable.
  3. Outside the Scope of Official Duties: Actions taken by a public employee that fall outside the scope of their official duties are not protected by official immunity. This means that if an employee’s actions are not part of their work responsibilities or are in violation of the law, they can be held personally liable.

It’s important to note that the application of official immunity can be complex, with specific details and interpretations often determined by case law and the unique circumstances of each situation. For individuals who believe they have suffered harm due to the actions of a public official, it is advisable to seek legal counsel to understand the applicability of official immunity and explore potential avenues for redress.

Frequently Asked Questions About Governmental Liability in Missouri

You may have a claim, but these cases are complex due to certain immunities that protect public safety officials while performing their duties. Each case requires a detailed legal analysis.
Remember, these answers provide a general overview, and legal advice should be sought for specific situations. Lawsuits against government entities are complex and require timely action and expert legal guidance.
Seek medical attention first. Then, document the incident, collect evidence, and contact a personal injury attorney experienced in governmental liability cases in Missouri. Acting quickly is important due to the shorter deadlines for filing claims against government entities.
Generally, punitive damages are not available in lawsuits against government entities in Missouri. Compensation is typically limited to actual damages, like medical expenses, lost wages, and pain and suffering.
Yes, public schools and their employees can be held liable under certain circumstances, such as dangerous conditions of property that leads to injury. However, the specific facts of each case and the application of sovereign immunity and official immunity laws must be carefully considered.
Yes, there can be special requirements when suing a government entity. In Missouri, you sometimes must provide the government with a formal notice of the claim, which includes specific details about the incident and the claim. This notice must be filed within a certain time frame, shorter than the standard statute of limitations.
Key exceptions to sovereign immunity in Missouri include injuries resulting from the operation of motor vehicles by public employees and dangerous conditions on public property. However, each case is unique, and specific legal advice is necessary.
Yes, you can sue a government entity in Missouri for personal injuries, but there are specific rules and limitations. The state's sovereign immunity laws protect government entities from certain types of lawsuits, but exceptions exist, such as injuries caused by the negligent operation of vehicles or dangerous conditions of public property.
Call