Can You Sue a County For Your Injury Claim?
If you’ve been injured due to the negligence of a government entity in Georgia, you may be wondering if you have any legal options.
The answer is yes, but the rules for personal injury litigation against a government agency can be trickier than those for suing a business or individual.
At Spaulding Injury Law: Atlanta Personal Injury & Car Accident Lawyer, we have experience holding local governments accountable for injuries caused by unsafe property conditions and other types of negligence.
In this blog post, we’ll explore the topic of suing a county in Georgia and what you need to know to protect your rights.
Understanding the Georgia Tort Claims Act: Waiving Sovereign Immunity for Government Bodies
In the United States, government bodies are generally protected by sovereign immunity, which means people cannot sue them without their consent.
However, in Georgia, the Georgia Tort Claims Act sets out the conditions under which government entities in the state can waive this immunity. According to the Act, government agencies can be held liable for their employees’ negligent, careless, or intentionally harmful actions when acting within the scope of their official duties or employment.
The law allows the state to be held accountable for torts in the same way that a private individual or entity would be held liable under similar circumstances. But, it’s important to note that the statute does include exceptions for certain government agencies and employees under specific circumstances.
Who Can Be Sued in Lawsuits Against a Government Entity?
When it comes to filing a lawsuit against a government entity in Georgia, things are not always straightforward. While the Georgia Tort Claims Act sets out conditions under which government agencies can waive sovereign immunity and be held liable for their employees’ actions, some agencies may still retain their immunity from civil liability.
However, there are still several scenarios in which an individual may be entitled to file a lawsuit against a government entity or its employee. It’s important to note that even if the negligence of a city employee caused the injuries, the lawsuit’s defendant would be the government entity they work for, not the employee themselves.
But, if the government employee were not on the job at the time of the accident, a traditional personal injury claim or lawsuit would be pursued against that person. For example, if an off-duty police officer caused an accident resulting in injuries, the injured party would file a claim with their auto insurance policy or a lawsuit against the officer directly.
How to Prove Negligence in a Claim Against a Local Government Agency
For your claim against a local government agency to be successful, you must prove that the agency or one of its employees was negligent. This requires demonstrating the core elements of negligence, which include establishing a duty of care, proving a breach of that duty, demonstrating causation, and showing that you suffered damages as a result of the accident.
To prove a duty of care, you must show that the government agency or employee had a legal obligation to take reasonable care to avoid harming others.
Next, you need to demonstrate that the at-fault party breached their duty of care through some form of careless, reckless, or dangerous behavior.
It would be best if you also established how this breach caused your injuries, such as in the case of an on-duty EMS driver who was texting at the time of an Atlanta car accident.
Finally, it would be best if you showed that you suffered losses as a result of the accident, whether financial or non-financial, such as medical expenses, repair bills, lost income, physical pain, and emotional suffering.
If you are able to prove these elements of negligence, you should have a strong case against the local government agency. However, if the agency refuses to reimburse you for your losses through the claims process, you may need to take legal action to seek the compensation you deserve.
Important Timelines to Follow When Filing a Lawsuit Against a City
When filing a claim against a city or municipality in Georgia, keeping track of the timeline is crucial.
First, you must notify the local government within six months of the accident. This notice must include details like the name of the government entity or employee involved, the location and time of the accident, the nature of your injury, and the act of negligence that led to your injuries. Failure to provide this notice within the specified time frame will likely result in forfeiting your right to seek compensation from the city.
The deadline to file a claim with the state government is also essential to remember. You have 12 months from the accident date to file a written claim against the state of Georgia.
To file this claim, you must notify the Department of Administrative Services, Risk Management Division, either by mail or in person. However, you can only take the state of Georgia to court if your claim was rejected or more than 90 days have passed since you filed your initial claim with the state.
These timelines are much shorter than the two-year statute of limitations governing personal injury cases against civilians. Therefore, you need to act quickly and seek legal advice to ensure that you meet all the necessary deadlines when filing a lawsuit against the city.
Liability and Immunity for Georgia School Districts in School Bus Accidents
Under the Georgia Tort Claims Act, school districts are not granted immunity. However, the state legislature has provided school districts with separate statutory authority for waivers, which is at the discretion of each district.
In cases of school bus accidents, school districts are required to purchase insurance policies to protect children riding in school buses against injury or death resulting from an accident or collision. However, the amount of insurance coverage is left to the discretion of each school board, as per O.C.G.A. § 20-2-1090.
It is worth noting that some school boards in Georgia have chosen to purchase policies with minimal coverage, leaving injured parties with limited options for compensation.
For other motorists and individuals injured in school bus accidents, school boards may purchase insurance policies for their benefit, but they are not required to do so under O.C.G.A. § 20-2-1092. This provision also clarifies that nothing in the statute imposes legal liability upon school boards regarding such accidents. However, most school boards in Georgia have purchased such policies for public liability.
Unfortunately, some car accident victims may be left with limited financial recourse to compensate them for any injuries suffered in school bus accidents beyond their own uninsured/underinsured motorist policy.
So, Can You Sue the Government for Personal Injury?
Several factors need to be considered when considering the possibility of suing the government for injuries caused by the actions of a governmental entity or its employees.
First and foremost, whether the State has waived its immunity for that particular governmental office, department, or agency with the Georgia Sovereign Immunity Law must be determined.
If the State has waived its immunity, the inquiry doesn’t end there. It must then be determined whether the governmental employee(s) who caused the harm is immune from suit.
Determining whether a governmental employee is immune from suit requires a fact-specific inquiry. To determine if an employee was exercising a “discretionary” duty, it must be asked whether they were exercising their decision-making authority towards some legitimate governmental policy or purpose. This would be in contrast to a government employee performing specific duties to accomplish a finite and very specific task, which would be considered “ministerial” duties.
For example, a road crew tasked with fixing a certain stretch of road is an example of government employees performing ministerial duties. Similarly, a county employee tasked with replacing missing road signs or a county airport manager tasked with ensuring that the runway remains free of debris and hazards after a storm are also examples of ministerial duties.
In contrast, an employee exercising their discretion as to when and whether a street should be opened, closed, or repaired, or when a sewer should be built, are examples of government employees exercising a discretionary function of their duties, and they will be immune from suit.
However, there may be situations where the distinction between discretionary and ministerial duties is blurred.
For instance, when a government office has no specific policy or procedure for certain job-related functions, it may be difficult to determine whether an employee is performing a discretionary or ministerial function.
If a county has no policy for leveling its road shoulders and makes an affirmative decision not to repair or level it despite an inspection showing road shoulder deficiency, the decision to do nothing may be viewed as ministerial rather than discretionary.
Similarly, suppose that a chemistry lab teacher fails to require all students to wear protective eyewear during a lab experiment involving caustic or explosive materials, which violates a policy requiring such protective gear. The teacher’s deviation from this seemingly clear policy may be considered an example of a ministerial duty and their failure to perform that duty. However, the terms “caustic” and “explosive” may be subject to interpretation, making the decision whether to require protective eyewear discretionary.
To determine whether a government employee is liable for an injury caused while performing a ministerial task, it must be proven that they negligently performed that task. This requires looking at the policies and procedures of that specific office as applied to that specific employee and task.
For instance, a government office tasked with repairing a sewer line may have manuals, rules, checklists, or other guidelines that must be followed during such repairs. If the employee(s) deviated from that guidance without proper authority or some other legitimate reason, that might serve as evidence of negligence.
Similarly, a road crew team that fails to set up warning signs according to their own office’s instructions may be found negligent if the failure results in catastrophic consequences.
It’s important to point out that liability is limited in the degree to that of any private business or person under the same circumstances.
Determining whether the government is immune from a suit or whether a governmental employee is immune from a suit involves a very fact-specific inquiry and careful analysis of the law. These cases are best handled with the help of an experienced lawyer.
Contact Ted Spaulding for Legal Help Today
At Spaulding Injury Law: Atlanta personal injury & car accident lawyer, we believe that everyone deserves access to justice, regardless of who they are or what has happened to them. We understand the challenges of fighting against powerful entities such as government agencies, and we are committed to helping our clients navigate the legal system to hold those responsible accountable for their actions.
We hope that this article has shed some light on the complexities of suing the government and has provided valuable information to those who may be considering taking legal action. We encourage anyone who has suffered harm at the hands of a government entity to seek legal advice and explore their options. Contact us today to schedule a free consultation and learn how we can help you.
When you become our client at Spaulding Injury Law, you’ll be represented by a thoroughly experienced Atlanta personal injury attorney like Theodore A. Spaulding. For over 15 years, Mr. Spaulding has helped victims of negligence across the state of Georgia resolve personal injury cases, and he’s received a remarkable number of awards and honors from the legal community recognizing his commitment to clients and to the metro-Atlanta area.
Mr. Spaulding has been named one of the Top 100 trial lawyers in Georgia by the National Trial Lawyers for six successive years.
He is honored as a lifetime member of the Million Dollar Advocates Forum ® by the Top Trial Lawyers in America ®.
Charter Member of the Distinguished Justice Advocates.
Member of the Atlanta Bar Association.