Are Personal Injury Claims Different When the Responsible Party Is a Government Entity?
A person who was injured through someone else’s negligence is entitled to seek compensation for lost wages, medical bills, and other damages in a personal injury claim. These claims are often made against individuals, private companies, or insurance providers. The rules are different if you have been injured on a government property or by a government employee. Personal injury claims against government entities in Ohio are more complex than standard injury cases. These cases come with limitations, procedural differences, and requirements that must be met to recover compensation.
What Is Sovereign Immunity and How Does It Affect Claims Against Government Entities?
Sovereign immunity is a legal doctrine that means the government cannot be sued without its consent. The Cornell Law School, Legal Information Institute (LII) states it was derived from British common law and based on the idea that the King could do no wrong. In the U.S., sovereign immunity typically applies to the federal and state governments but not necessarily to municipalities. However, federal and state governments can waive sovereign immunity, as the federal government did when it passed the Federal Tort Claims Act. This law waives the federal government’s immunity in specific types of tort claims.
What Is the Ohio Law on Sovereign Immunity?
State law on sovereign immunity can be found in the Ohio Revised Code, Chapter 2744, known as the Political Subdivision Tort Liability Act. Under this law, local government entities (political subdivisions), which include counties, townships, municipalities, and their agencies, are generally immune from civil lawsuits. However, several exceptions allow individuals to bring claims against political subdivisions for specific types of negligence.
What Are the Exceptions to Immunity for Political Subdivisions in Ohio?
Although Ohio law provides significant immunity for political subdivisions, exceptions exist that allow individuals to seek compensation when government negligence causes harm. It is important to consult with an experienced personal injury attorney who can help determine whether your case falls under one of the following exceptions:
Negligent Operation of Motor Vehicles
Under state law, political subdivisions may be held liable for injuries and damages caused by negligent operation of motor vehicles caused by employees acting within the scope of their employment. For example, if the negligence of a city bus driver caused a traffic crash, the city may be liable for resulting injuries. The exception to this exception is emergency vehicles. If a government employee operated the vehicle as part of an emergency response (EMS, police, fire department) and acted without willful or wanton misconduct, sovereign immunity may still apply.
Negligence in Maintaining Public Roads and Highways
The state, counties, cities, and other political subdivisions maintain public highways, bridges, and roads. Political subdivisions may be liable for injuries caused by their failure to keep roadways safe for public travel. To establish liability, the injured party must show that the political subdivision knew or should have known about the hazardous road conditions and failed to correct them. Examples of the types of conditions include potholes, dangerous road design, poor drainage, and inadequate signage or traffic control devices.
Negligence in Maintaining Government Property
Government entities may be held liable for injuries caused by physical defects on properties they own and maintain. A political subdivision is not immune from premises liability when a person is injured due to unsafe conditions on a government-owned property. This liability applies to parks, government buildings, recreational facilities, and other properties owned by political subdivisions.
Negligence in Providing Emergency Services
Political subdivisions provide essential emergency medical, fire, and police protection services. Immunity may be waived when conduct violates a clear statutory duty or when injuries are caused by reckless, wanton, or willful misconduct. For example, if the gross negligence of a paramedic in responding to an emergency leads to severe injury or death, the political subdivision may be held liable.
Negligence in Performing Proprietary Functions
In addition to law enforcement, fire protection, and other governmental functions, political subdivisions provide proprietary functions (services that private entities could provide), such as operating public utilities, running recreational facilities, or operating public hospitals or nursing homes. Under Ohio law, political subdivisions are not immune from liability for negligence in performing proprietary functions if someone is injured.
What Are the Challenges of Suing a Government Entity?
Pursuing compensation for personal injury from a government entity can be challenging. In addition to sovereign immunity defenses, obstacles include:
- Strict procedural requirements: In most cases, before filing a lawsuit, you must first provide the government entity with a written notice of intent to file a claim within a specific time frame. When a claim is against the State of Ohio or a state agency, the lawsuit must be filed in the Ohio Court of Claims, a specialized court handling civil actions against the state, where cases are decided by a judge rather than a jury.
- Limits on damages: If you prevail in an injury claim against a government entity, there may be limits on the compensation you can recover. Ohio sets caps in some types of cases, which could reduce the amount of compensation.
Your best chance of recovering the compensation you deserve is to have an experienced Ohio personal injury lawyer handling your case. Contact Watson Kuhlman, LLC at 216-208-7858 to schedule a free consultation.