Municipal liability involves cases and claims against a state, city, town, village or county.
These ever-more-common cases demand thorough legal knowledge of the respective liabilities of the government and the individual. Common issues include failures in roadway design and maintenance, defective sidewalks, dangers in public parks, improper operation of city vehicles, police brutality & misconduct, and other civil rights claims.
Pursuing a claim against a local municipality is different than an ordinary claim or lawsuit. Most government entities have sovereign immunity, which shields them from lawsuits alleging negligence for someone’s injury or death. However, Florida has conditionally waived its sovereign immunity from liability in some instances.
You can bring a suit against a government entity in Florida if:
- Your injury occurred because of the government’s negligence or a wrongful act or omission.
- You sustained economic losses that can be compensated financially.
- The negligent party (e.g., a city employee or department) would have been liable as a private entity.
If you have questions about city liability, talk to an experienced attorney immediately to learn your rights. Filing a claim against the government is more complicated than taking legal action against an individual, and acting quickly is essential to protect your ability to sue.
Claims against the government are different from claims against a private person or entity.
When filing a claim against the government, you must abide by a strict set of guidelines. You must:
- Notify the government of your claim in writing.
- Give the state 180 days to investigate the matter.
- Wait to file a lawsuit until after the 180-day investigation period ends (unless your claim is denied).
The statute of limitations is also different when you sue a government entity. Normally, you would have four years to bring a claim against a negligent private property owner after a slip-and-fall accident. If you slip and fall on city property, you will typically only have three years to initiate legal action. In Florida, there is also a limit on the amount of money that you can get if you are injured or damaged by a government employee or the government. The most that a governmental entity in Florida will be held accountable to pay an injured person is $200,000.