tort claims Flashcards
claims against counties
can’t be sued in tort unless immunity waived; enjoy sovereign immunity from all tort liability even when county acts in a proprietary capacity
claims against municipalities (cities, towns)
enjoy sovereign immunity from tort liability only when performing public, governmental functions (not when acting in a proprietary capacity)
governmental functions
performed exclusively for public welfare, e.g. police/fire protection, operation of hospitals and public education facilities, garbage removalpr
proprietary functions
not subject to immunity; primarily for benefit of municipality, e.g. routine street maintenance, provision of utilities, maintenance of recreational facilities, operation of housing authorities
simultaneous governmental and proprietary functions
action will be considered governmental and sovereign immunity applies, e.g. snow removal, removal of trees felled by hurricane, repair of malfunctioning traffic light
liability of gov’t officers/employees
sovereign immunity may extend to negligent officers/employees (not wanton/gross negligence) in performing a governmental function
4 factors for liability of negligent officers
1) nature of function
2) extent of gov’t interest and involvement in the function
3) degree of control gov’t exercises over employee
4) whether act involved discretion of employee
respondeat superior
for liability to attach to the municipality, injured party must show that:
1) the municipality had the authority to control the agent’s actions, and
2) the agent was acting within the scope of employment
liability in operation of parks/recreational facilities/playgrounds
city/town liable for gross negligence
notice requirement for negligence
plaintiff must show actual or constructive notice to the municipality of the existence of the defect; generally must file written statement of nature of the claim within 6 months after cause of action accrued unless proper official has actual notice of the claim
