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Municipal Liability/Sovereign Immunity

ALABAMA

Limited -  Sovereign immunity has not been waived but a Board of Adjustments determines claims against the state and all of its subdivisions.

Recovery of damages against government limited to $100,000 for injury or death to an individual and $300,000 aggregate per occurrence.

ALASKA

years. Claims against State may be pursued in state court. Follows Federal Tort Claims Act.

ARIZONA

180 days to file Notice of Claims. 1 year SOL. Sovereign immunity still applies but has been modified in certain situations by statute.

ARKANSAS

Sovereign immunity applies except that political subdivisions of state are required to maintain liability insurance or self-insurance for motor vehicles.

CALIFORNIA

6 months.  Runs from date of notice of claim is served on entity. Doctrine of sovereign immunity abrogated.

COLORADO

6 Month SOL to give notice to municipality after discovery of injury.
Although sovereign immunity has been abolished, numerous rules and limitations apply waived for motor vehicle accidents, operation of certain public facilities, dangerous highways, roads, and streets. Limit of $150,000 on damages per person and $600,000 per occurrence unless increased by governing body.

CONNECTICUT

2 years (with a 90 day notice requirement) for defective roads and bridges and 2 years (with a 6 month notice requirement) for actions against municipality for negligence of most employees. However, under CGS7-308, there is a one year SOL for cases involving the negligence of municipal firemen (paid or volunteer), and volunteer ambulance workers (with a 6 month notice requirement). Claims Commissioner may authorize suit against state.  Action against state must be brought within 1 year of authorization. Jury not allowed. Political subdivisions of state liable for certain negligent acts.

DELAWARE

Waived but only for actions in state court and only when claim is covered by state insurance program.

DISTRICT OF COLUMBIA

Action against the District of Columbia requires notice in writing to mayor within 6 months of injury, or police report.

FLORIDA

Waived only when employee is acting within scope and not acting in bad faith. Allowed only up to limit of insurance coverage.  Requires prior written notice within 3 years of incident, must have notice in writing after injury to municipality and department of insurance. Lawsuit can be started after claim is denied.
State, or subdivision thereof waives sovereign immunity up to $100,000 per person and $200,000 per incident or occurrence.

GEORGIA

year. Neither implied contract nor claim couched in contract but sounding in tort will support waiver of sovereign immunity.  Sovereign immunity is waived only to extent of liability of insurance purchased.

HAWAII

years. State waived sovereign immunity for torts of its employees and is liable to same extent as private individuals; state not liable, however, for interest prior to judgments or for punitive damages.

IDAHO

2 years from date or discovery.  180 days to file claim against municipalities.  Infants have 120 days after majority or 6 years from injury or discovery.
Abolished to the extent of insurance or statutory amount of $500,000 per occurrence.

ILLINOIS

year, including Wrongful Death. State has adopted an immunity statute governing when actions against the state or its political subdivisions are permitted. In certain municipal actions, notices of claim are required.

INDIANA

years. 270 days for notice of claims to Attorney General or the agency involved. Immunity available to government entities in some limited situations. Notice required for claims against state and local governments.

IOWA

years for claims against state, requires written notice to State Appeal Board within those 2 years. Suits against state of Iowa not barred, but notice of claim must be given in two years.

KANSAS

2 years in which to file notice of claim. SOL is 2 years but municipality involved or agency has 120 days to deny.  Subject to several statutory exceptions. Sovereign immunity abolished.  State liable for damages caused by negligent or wrongful act or omission of government employee acting within scope of employment.  Certain immunities remain.  Medical malpractice for municipalities same as for private defendant.  Government damage capped at $500,000 unless insurance for greater amount.  No punitive damages against municipalities

KENTUCKY

year SOL. Partially waived. Notice must be given to Board of Claims within 1 year of injury.  Damages permitted up to $200,000 per individual and $350,000 per claim.

LOUISIANA

1 year to file notice of claims. No immunity for state, state agency from suit and liability in contract or injury to person or property.  Although special statutes do exist to limit liability and create structured payment plans.  Max awards of $500,000 except as to medical care and loss of earnings.

MAINE

2 years. Minor has 2 years from reaching majority. Notice of claim to be filed within 180 days unless claimant is a minor in which case it is 180 days from reaching majority. Removed for certain tort claims. Damages limited to $400,000 per occurrence.

MARYLAND

Limited waiver of state’s sovereign immunity in tort claims to extent of insurance coverage.

MASSACHUSETTS

3 years for most municipal acts. Waived, but limited by statute depending on situation. Public departments and agencies, other than certain authorities and other independent agencies. Remedy does not extend to punitive damages or any damages in excess of $100,000 per plaintiff or to prejudgment interest. Small claims against housing authorities must be brought within 3 years.

MICHIGAN

Only waived by express statutory consent.  State may be sued in accidents involving motor vehicles, aircraft, defective highways, maintenance of public buildings, and in some medical malpractice situations.

MINNESOTA

Notice of claim not required but lack of notice of claims can be used as defense is defendant is prejudice. The SOL is 6 years. Sovereign immunity is abolished, but numerous special rules apply.

MISSISSIPPI

Partially waived and limited to $500,000.  No punitive damages permitted against municipalities.

MISSOURI

Limited. Doctrine exists, however, suits permitted for compensatory damages for injuries caused by negligent acts of public employees in operation of motor vehicles, and other specific negligent acts.

MONTANA

6 months or 1 year SOL. Sovereign immunity is abolished. (6 months for claims against counties which have been rejected by county commissioner).

NEBRASKA

years for actions against state.  Claim must be filed within 2 years with State Claims Board; action must be filed within 6 months of final disposition by Board. Cities and all other governmental subdivisions not immune from tort liability arising out of ownership, use, and operation of motor vehicles. Limit of liability for political subdivisions $1,000,000 per person and $5,000,000 per occurrence.

NEVADA

years but with limited damages. Sovereign immunity waived unless otherwise provided by statute.

NEW HAMPSHIRE

years

NEW JERSEY

Notice of claim must be filed within 90 days of occurrence.  Suit may be filed after 6 months from date of notice of claim but maximum of 2 years from accrual of claim. 90-day period may, in discretion of court, for good cause and in absence of prejudice of public entity, be extended to one year from accrual of claim. Suit may be filed after expiration of six months from date of receipt of notice of claims.  Public entity is generally subject to tort liability for acts or omissions of the entity or public employees acting within scope of employment.  However, some exceptions still exist.

NEW MEXICO

Limited by statute.

NEW YORK

Require notice of claim within 90 days of occurrence and commencement of suit within 1 year and 90 days of occurrence. Other Notice of Claim provisions apply to different political subdivisions and actions against the State may only be brought in the Court of Claims where a judge alone (no jury). Sovereign immunity is waived. Actions against all municipalities can be brought in Supreme Court. Actions against State, however, must be brought after in Court of Claims and any trial therein is non-jury.

NORTH CAROLINA

years unless statute states otherwise. For torts, common law rules govern, but immunity may be waived by cities, counties, board of education, and community colleges by purchasing liability insurance. Then recovery permitted to extent of insurance coverage.  As to State, recovery limited to $150,000.

NORTH DAKOTA

years after occurrence. 180 days to make claim against State, 1 year for death claims.  Limited by statute.  Requires written notice to office of management and budget. State and political subdivisions have limited tort liability.

OHIO

Waived with certain exceptions and limited to $250,000. No punitive damages against municipalities. SOL is 2 years in a civil action against the state or its political subdivisions must be brought within two years from the time the cause of action arose or within any shorter period of time applicable in similar suits between private parties.  Thus a malpractice claim is one year and a personal injury claim not involving a minor is two years. No punitive damages allowed.

OKLAHOMA

Actions: 180 days from denial of claim. Claim must be presented within 1 year of occurrence. Waived, however, specific rules apply as to amounts recoverable. Maximum liability for property damage is $25,000 per claimant; for other claims limits are $100,000 per claimant, $200,000 for claims arising from medical negligence. $1,000,000 per occurrence. State or political subdivision is not required to pay or indemnify any employee for any punitive or exemplary damages rendered against employee, or to pay for any defense, judgment, settlements, costs, or fees paid or covered by insurance. Governmental entity: Maximum liability for property damage is $25,000 per claimant; for other claims limit is $50,000 per claimant. State and its political subdivisions are liable up to $175,000 for wrongful criminal felony conviction.

OREGON

Damages limited to $50,000 for property damage, $100,000 for claims arising out of a single occurrence, and $500,000 for any number of claims arising out of a single occurrence. Punitive damages are not recoverable.

PENNSYLVANIA

6 months to file notice of claim. 2 year SOL. Reinstated by statute with 9 specific exceptions (1) Vehicle liability; (2) Medical-Professional liability; (3) care, custody and control of personal property; (4) Commonwealth real estate, highways and sidewalks; (5) potholes and other dangerous conditions; (6) care, custody and control of animals; (7) liquor store sales; (8) national guard activities and (9) toxoids and vaccines. Maximum damages in these excepted areas are limited to $250,000 per plaintiff and $1,000,000 in aggregate. Local agencies may be liable for negligence with damages limited to $500,000 in aggregate.

PUERTO RICO

90 days to file notice of claim. 1 year SOL. Limited damages permitted. (a) Damages against person or property up to $75,000 for acts or omissions of any officer, agent or employee of Commonweath including medical malpractice claims against doctors and other medical personnel due to trauma rendered. Limit increased to $150,000 when damages are caused to more than one person or when several causes of action accrue to plaintiff; (b) action to recover personal and real property or rights thereto, with or without claims for damages, rents or profits; and (c) civil actions where amount does not exceed $75,000 or principal and is based on Constitution, law or any regulation of Commonwealth or on contract with Commonwealth.

RHODE ISLAND

year SOL. If arising out of maintenance of streets, highways, or bridges, 60 day notice of claim requirement. Limited to $100,000 except by special act.

SOUTH CAROLINA

If notice of claim filed, SOL is 3 years. If no notice of claim filed, SOL is 2 years with discovery rule. State liable for torts, same as private individual, with some limitations and exemptions, however. No punitive or exemplary damages or interest prior to judgment may be recovered.

SOUTH DAKOTA

Limited. 2 years for personal injury or wrongful death. Subject to statutory exceptions.  Subject to certain statutory exceptions, state and counties, cities, townships and school districts are not liable for damages for neglectful performance of their governmental duties. Employee, officer or agent of state or public entity, acting within scope of employment or agency also immune from liability. Immunity not available for state employees performing ministerial functions. To extent, however, of liability insurance covering state, or other public entity, and its officers, agents and employees, sovereign immunity is deemed waived. Immunity also waived to extent public entity participates in risk sharing pool. For such waiver to be effective in action against state official, employee or agent, notice must be given by certified mail to attorney general.

TENNESSEE

1 year. 
Immunity of sheriffs and counties for acts or omissions of deputies and special deputies. As general rule, all government entities are immune from suit for any injury which results from proprietary government activities. However, specific exceptions exist. Circuit courts have jurisdiction over actions under statute. Judgment may not exceed insurance limits of defendant.

TEXAS

year SOL. Waived, but notice required within 6 months of occurrence.

U.S. VIRGIN ISLANDS

Limited. Sovereign Immunity waived with respect to injury or loss of property or personal injury or death caused by wrongful act or omission of government employee while acting within scope of his employment.  $25,000 maximum recovery.

UTAH

years for actions against state or municipalities. Waived only by specific statutes.

VERMONT

2 year SOL. State liable for certain injuries to same extent as private individuals however, numerous monetary limits apply. Liability not to exceed $250,000 to any one individual or $1,000,000 to all persons arising out of act or omission. Immunity also waived if municipal governmental entity has purchased liability insurance, although liability cannot exceed amount of insurance coverage.

VIRGINIA

Cities and towns can be sued but require the filing of a notice of claim within 6 months of the occurrence giving rise to the action. The notice requirement is tolled for incapacities until the plaintiff is able to give notice.
State cannot be sued without its consent except in certain situations and with limits on recovery. Authorized claims barred unless presented in writing to the comptroller or other authorized person no later than 5 years after right to such claim arises. If claim not barred then SOL is 3 years from disallowance of the claim in whole or in part. State cannot be sued without its consent. Effective July 1st, 1982, state may be held liable for damages for tort, but damages for actions accruing prior to July 1st, 1988 may not exceed $25,000. For actions accruing on or after July 1st, 1988, damage cap is $75,000 actions accruing on or after July 1st, 1993, cap is $100,000 or limits of any insurance in force, whichever is greater.

WASHINGTON

120 days to file notice of claim. 3 year SOL. Same SOL as private defendant except required notice of claim be filed before suit commences. 
Doctrine abolished as to state and all political subdivisions, municipal and quasi-municipal corporations except for discretionary acts, performance of quasi-judicial functions, and particular immunities granted by statute. Tort nonclaim statutes requiring presentation of claims to governmental entity in period shorter than usual statute of limitation were held unconstitutional, as were specialized commencement of action provisions and cost bond requirements, although provision requiring presentation of claim prior to commencement of action was upheld. State, its officers, employees, agents and members of state militia not civilly liable for damages arising from activities of militia while its members are considered federal employees.

WEST VIRGINIA

120 days to file notice of claim. Not waived but held inapplicable to municipalities, counties, and board of education and state with liability insurance. Damages recoverable up to amount of insurance. Still exists to limited extent for certain political subdivisions.

WISCONSIN

Notices of claim required within 180 days of occurrence. State retains sovereign immunity, except as provided by statute.  Claims against municipalities permitted but governed by statutes with respect to types of cases and amounts of recovery. 

WYOMING

years to file notice of claims then 1 year SOL from filing. Granted except for wrongful death, personal or property injuries, and certain cases of neglect however, numerous other restrictions apply