By Kyle Roby, Attorney
English, Lucas, Priest and Owsley, LLP
At one time, a person injured by the negligence of a governmental entity was without a remedy, due to the doctrine of sovereign immunity. Basically a carryover from the English common law under which “the King could do no wrong,” the doctrine precluded a would-be plaintiff from asserting what might otherwise have been a meritorious claim against a state or local government.
Now, however, most governmental entities have consented to be sued through various tort claims acts. Such acts set forth the procedure for filing a claim, the statute of limitations, and the maximum damages that may be sought. It is important to note that, since such actions are purely statutory in nature, an injured person must strictly comply with all procedural requirements, or else his or her suit will likely be dismissed.
Even when all requirements are met, it is ultimately up to the courts to determine whether a particular claim is valid.