Protecting The Rights Of Those Who Protect Our Communities

What is sovereign immunity?

On Behalf of | Sep 2, 2020 | Personal Injury |

A subset of personal injury law is premises liability. In a premise liability case, somebody has experienced injury due to the state of somebody’s property. For instance, If a landlord keeps his or her property in poor condition and one of the tenants experiences injury as a result, the tenant may decide to file a premises liability case.

However, a lot of property belongs to the government. Specifically, it is not uncommon for somebody to sustain injury on a public road or sidewalk. However, the government typically enjoys something called sovereign immunity. According to FindLaw, sovereign immunity is when the government is immune to being sued.

Am I not able to sue the government?

In certain circumstances, you will be able to sue the government. In 1946 Congress passed the Federal Tort Claims Act. Prior to this, it was not possible to sue the Federal government for anything, unless the Congress authorized a specific action that resulted in wrongful death or property damage.

The passage of the Federal Tort Claims Act changed this. it is possible to bring a case against the federal government, but the provisions of the federal tort claims act means that you can only sue for specified amounts.

What is the process if I wish to sue the government?

An important provision of the Federal Tort Claims Act is that you must bring your case against the government within two years of the incident. Additionally, you must submit a claim in writing. If you do not submit a written claim, it is very likely that the court will deny your case.