tort liability

Question 1

can you sue counties for tort claims?

Answer 1

no

unless immunity is waived

Question 2

when would you sue a county?

Answer 2

inverse condemnation suit

personal property damage

Question 3

When do towns and cities have sovereign immunity?

Answer 3

when performing gov functions

Question 4

examples of governmental functions where they cannot be sued

Answer 4

police

fire dept

hospitals and public works

garbagemen

Question 5

what kind of functions subject cities and towns to tort liabiliuty?

Answer 5

proprietary functions

Question 6

examples of proprietary functions

Answer 6

streets

utilities

operating housing authorities

maintaining recreational facilities

Question 7

what is the limitation on suing based on the proprietary function of maintaining recreational facilities?

Answer 7

liable for gross negligence only

Question 8

what kind of immunity applies if you’re suing an officer/employee doing gov function

Answer 8

qualified immunity

Question 9

when does qualified immunity not apply to employees and offciers

Answer 9

outside scope of employment

gross negligence

Question 10

when is the city or town liable through respondeat superior

Answer 10

authority to control employee

acting w/n scope

Question 11

notice requirement

Answer 11

P must give actual or constructive notice to city or town of the defect

Question 12

writing requirement with notice

Answer 12

P must give written statement of claim w/n 6 m of cause of action

Question 13

what if an act is considered both gov and proprietary?

Answer 13

immunity

snow plow

tree removal

fixing traffic lights