What The Government Doesn’t Know Can Hurt You
Suing the state or federal government for the actions of a governmental employee is often much more difficult than suing a private citizen. The state of Arizona and the federal government both have what is referred to as sovereign immunity – these governmental entities are shielded from lawsuits by private citizens in many instances. This is true even if the government’s employee intentionally hurts someone.
For example, suppose a school teacher sexually abuses a child. (Public school teachers are government employees.) Under Arizona law, the school (and the government) claim immunity for the teacher’s actions unless the school actually knew that the teacher had a propensity to commit such acts. Thus, even if the abuse of the child would be a felony under Arizona law, and even if the school would have known about the teacher’s propensity for abuse if they had done a background check, the school is not liable for the harm to the child. (In some cases, recovery may still be obtained under federal law.)
Most motor vehicle accidents involving a governmental vehicle are excluded from sovereign immunity. If you know that the person responsible for injuring you is a governmental employee, please contact the knowledgeable personal injury attorneys at Plattner Verderame for help with your claim immediately – you only have 180 days from the injury to file a formal notice of claim. (Like most rules, there are some exceptions to when the 180 days starts to run – but the rules favor the government.)
Partner Frank Verderame is a seasoned trial attorney, who has dedicated his life to helping victims of serious injuries. He is a Board Certified Specialist in Personal Injury and Wrongful Death Litigation, and has been an active part of legal communities and organizations since he started his practice, back in 1983.
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