Photo Credit: Cienpies Design / Shutterstock.com In a recent decision, a state appellate court dismissed a firefighter’s lawsuit after she was run over by a truck while sleeping at base camp. After a fire broke out in a national forest, firefighters were deployed to fight the fire. A base camp was…
Articles Posted in Government Liability
Man Sues City for Failing to Prevent Tree from Blocking Stop Sign
In a recent case, a plaintiff brought a claim against a city after he was hit by another driver. The man was hit after a woman failed to stop at a stop sign and crashed into his car. The man filed a lawsuit against the woman for negligence, alleging she was…
Court Applies Government Immunity in Pedestrian Accident Case
Earlier this month, a California appellate court issued an opinion in a pedestrian accident case, reversing a lower court decision that had declined to apply governmental design immunity. In the case, Gonzales v. City of Atwater, the appellate court found that all three elements of governmental design immunity were met…
School Officials May Be Liable after Boy Hit by Car in School’s Driveway
In a recent case, a boy and his parents brought a lawsuit against school officials after he was hit by a car at his school’s driveway on his way to school. The school was located near a highway, and the school’s entrance was busy around the opening and dismissal times…
Man Paralyzed After Diving into Pond at State Park Unable to Recover Compensation Due to Recreational Use Statute
In a recent case before a state appellate court, a 29-year-old man dove into a pond at a park and broke his neck. Sadly, the man was paralyzed from the neck down as a result. His wife and he filed a claim against the state, alleging negligence and premises liability.…
Court Finds Oral Notice Insufficient to Comply with Notice Requirement of Claim Against City
Sometimes, even when an individual has a valid claim, a failure to comply with procedural requirements can destroy one’s case. In a recent case, one man’s claim came to a halt after he failed to provide written notice within the required period. The plaintiff fell down a set of stairs…
Local Government Admits Liability But Proceeds to Trial on Damages
Civil trials are often thought of as determinations about whether a defendant is liable. However, the issue of liability is only one of the issues decided in a trial. Trials also determine the amount of compensation awarded to the injured party. In a recent case against city and county governments,…
Government’s Inability to Pay Settlements During Budget Stalemate Example of Obstacles When Suing a Government
Federal, state, and local governments control much of our everyday life these days, and they have a vast number of employees. Bringing suit against the government can be very tricky. There are often issues of governmental immunity. Sometimes there are issues about when you will be able to receive the…
Illinois Supreme Court Decision Exposes Local Governments to Lawsuits
The Illinois Supreme Court’s recent decision in Coleman v. East Joliet Fire Protection District brings a significant change to Illinois law. Its decision greatly increases the exposure of local public entities to lawsuits. In the decision, the court repealed the public-duty doctrine, which held that local government entities owed a…
Governments May Be Liable in Cases of Gross Negligence
In many cases, it is difficult to prevail in a lawsuit against the government. This is because federal, state, and local governments are all entitled to a certain level of immunity. Generally speaking, this means that as long as a government employee is acting within the scope of his or her…