Government agencies and the various professionals working on behalf of the government have limited legal liability. This protection, called immunity, helps limit the legal actions that others can take against agencies and the people who staff them.
People are aware that police officers largely have immunity from prosecution and civil liability for acts they perform while working for the state. Similarly, state and municipal authorities also have protection from liability in many cases through sovereign immunity.
In most scenarios, businesses or members of the general public cannot initiate legal action against the government because of an injury. However, there are limitations to sovereign liability in California. In certain unusual scenarios, those negatively affected by the local or state government may have the option of initiating civil litigation.
What are the limits of sovereign immunity?
Statutes largely prevent litigation naming the government as a defendant. However, there are exceptions in special circumstances. The general public may overestimate the power of immunity. There are scenarios in which public agencies may be liable for injuries sustained by members of the public.
If a plaintiff can show that either corruption or gross negligence by a public entity or its employees contributed to their injuries or losses, they may be able to take legal action against the government entity that permitted corrupt activities or engaged in grossly negligent behavior. Evaluating the circumstances that lead to an injury can help people determine if they are in an actionable position.
Awarding a key infrastructure development or repair project to a business owned by a social acquaintance or a company that offered a kickback is an example of corruption that could open government authorities up to litigation. Quality work and costs should be more important than who leaders within the organization know when awarding key contracts.
Gross negligence generally entails engaging in activities that are clearly unsafe or ignoring obvious risk factors that require immediate consideration. When a situation clearly deviates from the accepted standard of care, people could assert that gross negligence occurred.
Reviewing whether a case constitutes an exception to sovereign immunity rules or not with a skilled legal team can help people seek justice after getting hurt. In cases involving corruption and gross negligence, government authorities may be vulnerable to personal injury litigation.