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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

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

SOL: 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.

CONNECTICUT

2 years (with a 90 day notice requirement) for defective roads and bridges and 2 yrs (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).

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.

HAWAII

2 years

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.

ILLINOIS

1 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

Immunity available to government entities in some limited situations. Notice required for claims against state and local governments.

IOWA

2 Years for claims against state, requires written notice to State Appeal Board within those 2 years.

KANSAS

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

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

Infant has 2 years from injury and 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.

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

Abolished, but numerous special rules apply.

MISSISSIPPI

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

MISSOURI

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

Abolished.

NEBRASKA

2 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.

NEVADA

Waived unless otherwise provided by statute.

NEW JERSEY

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).

NORTH CAROLINA

2 Years unless statute states otherwise.

NORTH DAKOTA

3 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.

OHIO

Actions: 180 days from denial of claim. Claim must be presented within 1 year of occurrence.

OKLAHOMA

Actions: 180 days from denial of claim. Claim must be presented within 1 year of occurrence.

OREGON

Damages limited to $50,000 for property damage, $100,000 for claims arising out of a single occurrence, and over $500,000 for any number of claims arising out of a single occurrence.

PENNSYLVANIA

Reinstated by statute with 9 specific exceptions and with maximum damage awards.

PUERTO RICO

Waived with monetary exceptions.

RHODE ISLAND

3 Years If arising out of maintenance of streets, highways, or bridges, 60 day notice of claim requirement.

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

Subject to statutory exceptions. State and counties, cities and townships, and school districts are not liable for damages for neglectful conduct. Officer or employee of state acting within scope of employment is immune from liability. To extent, however, of liability insurance covering state, or any other public entity, sovereign immunity deemed waived.

TENNESSEE

Abolished for governmental entities in tort cases.

TEXAS

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

2 Years for actions against state or municipalities.

VERMONT

State liable for certain injuries to same extent as private individuals however, numerous monetary limits apply.

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.

WASHINGTON

Doctrine abolished but numerous statutes apply with respect to special rules

WEST VIRGINIA

Not waived but held inapplicable to municipalities, counties, and board of education and state with liability insurance. Damages recoverable up to amount of insurance.

WISCONSIN

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

Granted except for wrongful death, personal or property injuries, and certain cases of neglect however, numerous other restrictions apply.

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Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
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  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
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  • Mississippi Statute of Limitations
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  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
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  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

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