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Governmental Liability

Written by Kathleen Gagne
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In most cities and states, governmental liability in the case of serious injury or death on government property or due to the negligence or deliberate actions of government employees is severely limited. In general, citizens who suffer serious injury or those who lose loved ones due to government error can receive only around $500,000 at the most.

Governmental Liability Cases

If a citizen is killed by a state prisoner who escaped after nearby residents made repeated requests for tighter security, the attorneys argue that it was negligence on the part of both the state and state employees that led to the death. Citizens who challenge state or municipal immunity rarely win more than the stated government's liability limit, but it has been known to happen. The entire issue is constantly being reviewed and challenged.

If you are considering a lawsuit which might challenge governmental liability limits, it is imperative that you use the services of a very qualified and experienced attorney who has dealt with this specific issue. Your case may be about personal injury or wrongful death and a wide range of other issues including such issues as violations of bidding and procurement laws and claims against the defective design of bridges or buildings. It may also be related to the inappropriate or illegal conduct of state employees at every level including law enforcement.

Are Governmental Liability Limits Constitutional?

This issue is still very much on the table. Attorneys who take suits against government entities must understand that the issues they deal with often go far beyond the scope of the individual cases they handle. Lately, Supreme Courts in many states have been considering cases brought to them on appeal, and recent decisions have not been as cut and dried as they have been in the past. Again, with a great, experienced attorney, you will have the best possible chance of achieving the highest allowable amount if your case has merit.

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