Governmental immunity: Overview, definition, and example
What is governmental immunity?
Governmental immunity refers to the legal doctrine that protects governments and their agencies from being sued or held liable in certain circumstances. This immunity generally shields government entities from lawsuits, preventing them from being held financially responsible for actions or decisions made within the scope of their official duties. However, governmental immunity is not absolute, and it may be waived or limited in specific situations, such as when a government has explicitly consented to be sued or when certain legal exceptions apply.
For example, if a person is injured due to the actions of a government employee while performing their duties, the injured party may not be able to sue the government entity for damages under governmental immunity, unless an exception is specified by law.
Why is governmental immunity important?
Governmental immunity is important because it allows governments to perform their functions without the constant threat of litigation, which could potentially disrupt operations, divert resources, and limit their ability to govern effectively. It also protects taxpayers from being financially liable for actions taken by government officials within their official capacity.
At the same time, governmental immunity is not absolute, and there are instances where governments may waive this immunity or be subject to suit. This balance ensures that governments can carry out their responsibilities efficiently, while also providing a framework for individuals to seek compensation in cases where the government’s actions cause harm or damage.
Understanding governmental immunity through an example
Imagine a person is injured after falling on a sidewalk maintained by the local government. Under governmental immunity, the local government may be protected from lawsuits regarding the injury, unless the state has waived immunity for cases like this or the government has been negligent in a way that allows a claim to proceed. If, however, the government has purchased insurance or passed legislation allowing it to be sued in certain cases, the individual may be able to pursue a legal claim.
In another example, a police officer causes a car accident while responding to an emergency call. The officer is acting in their official capacity, and the governmental immunity may protect the police department from being sued, depending on the laws governing immunity in that jurisdiction. However, if the officer was acting outside their official capacity or engaged in gross negligence, immunity may not apply.
An example of a governmental immunity clause
Here’s how a governmental immunity clause might appear in a contract or policy:
“The Government and its agents shall be immune from any liability arising from the performance of their duties under this Agreement, except where such immunity has been expressly waived by law or statute.”
Conclusion
Governmental immunity is a legal principle that protects government entities and their employees from lawsuits in many circumstances, allowing them to operate without the constant risk of litigation. While this immunity ensures that governments can govern effectively, it is not absolute, and there are exceptions and legal avenues through which individuals can pursue claims against government entities in certain cases. Understanding governmental immunity is crucial for both individuals and businesses interacting with government entities to navigate potential legal risks and responsibilities.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.