Sometimes people working for government cause personal injury. Examples include high-speed police chases, negligent bus or other public employee driving, mental, physical, and/or sexual abuse by government employees, and negligent hiring, supervision, and monitoring of a public employee.
Traditionally government was immune to liability under a legal doctrine known as sovereign immunity. The U.S. federal government has largely waived sovereign immunity under the Federal Tort Claims Act.[1]
At the state level in Washington, state and local government is liable “to the same extent as if it were a private person or corporation.” [2]
Before filing a lawsuit against state or local government, a personal injury victim must first serve a proper tort claim form on the appropriate state or local governmental agency. Failure to follow these procedures can result in dismissal of the personal injury claim – no matter how serious the injury, no matter how meritorious the claim. [3]
If you have been injured by a governmental entity you should contact a personal injury attorney.
[1] 28 U.S.C. § 1346(b).
[2] RCW 4.92.090.
[3] See, for example, Schoonover v. State, 116 Wn.App. 171(2003); Shannon v. Dep’t of Corr. 110 Wn.App. 366 (2002); Medina v. Pub. Utility Dist. No. I of Benton County, 147 Wn.2d 303, 316, 53 P.3d 993(2002).
See our blog posts on claims against government entities:
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