Do Schools and Other Government Institutions Have Sovereign Immunity in Personal Injury Cases?
Written by Cooper & Friedman PLLC on August 8, 2024
Sovereign immunity is a term that describes the government and its entities’ inability to be sued without its consent. To the ordinary person, this might seem unfair, as the government is not perfect and can make mistakes that affect people. This is true even when it comes to personal injuries that happen on public or governmental property like public schools, lands, prisons, and others. Can you really not do anything about wrongs you or your loved ones suffer as the result of governmental actions or negligence?
It’s certainly more difficult to bring a case against the government and its entities than it is a personal business. However, it is not impossible. When it comes to personal injuries in Kentucky that happen due to negligence, there is an amendment that allows,
“…a person negligently injured by the Commonwealth, any of its cabinets, departments, bureaus, or agencies, or any of its officers, agents, or employees while acting within the scope of their employment by the Commonwealth or any of its cabinets, departments, bureaus, or agencies to be able to assert their just claims as herein provided.”
This amendment is a big step in helping fight for financial, physical, and emotional compensation.
Suing for Personal Injuries in Prison
Most prisons and jails are funded and run by the state or federal government. This means that the officials and employees that work in and for them are considered government workers, and are protected by qualified immunity. Qualified immunity is basically sovereign immunity, but pertaining to people instead of institutions. Prisons and jails can be held liable if the injury is the result of the prison, jail, or officials’ negligence or failure to properly perform their job and protect the individuals in their care or custody from harm. Examples of this can be:
- Failing to provide sufficient nutrition
- Failing to provide adequate security
- Failing to intervene during an attack between inmates
- Jail beatings from prison guards or wardens
- Prison death
- Police sexual harassment
- Wrongful prosecution or conviction
- Denial of medical care
- Deliberate indifference
- Knowledge of dangerous conditions but willfully ignoring it until someone gets hurt
Cooper and Friedman have years of experience as civil rights and police misconduct attorneys in Louisville, KY. Call us today for a free consultation.
Suing for Personal Injuries in Public Schools
As Kentucky child injury lawyers, Cooper and Friedman are well-versed in claims against the Kentucky public school system. Children spend an average of 14,000 hours in school before they turn 18. Even more, if you count school programs like sports teams, clubs, and societies. That is a lot of time for them to sustain an injury born of negligence. Especially considering the issues of underfunding and understaffing in schools, negligence can often be the cause.
Generally, injuries in public schools are due to one of two reasons: premise liability and negligent supervision. Premise liability covers situations like injuries from unsafe desks, floors, doors, lockers, buildings, or grounds. Negligent supervision covers breaches in duties of care. If a teacher or coach fails to take reasonable steps to ensure safety and a child is hurt, a school or school system may be at fault.
Suing for Personal Injuries in Government Buildings and Areas
Accidents that happen in buildings are usually held against the owner of the building, if it can be proved that their gross negligence was the cause of the injury. But what about governmental or public buildings?
In the same way as the general public, local, state, and federal governments have a duty to keep their premises reasonably safe for everyone, regardless of sovereign immunity. This includes both visitors and employees, who can both be injured by hazardous conditions. If governmental entities fail to make repairs or improvements to address known hazards, then they can be held liable for damages. This can include cases of:
- Slip and falls
- Car accidents caused by defective traffic lights or signs
- Injuries due to improperly maintained roads
- Premise negligence in public parks or swimming pools
- Personal injuries from broken equipment or decor
Call Cooper and Friedman, Louisville Personal Injury Lawyers
Cooper and Friedman have years of experience helping out Louisville citizens with cases in multiple areas. They are trusted slip and fall attorneys, child injury lawyers, personal injury attorneys, car accidents lawyers, civil rights attorneys, police misconduct attorneys, and workers compensation lawyers, amongst others. If you have an accident on government property, don’t hesitate! Take photos, see a doctor, and keep your receipts. Then, call us for a free 15 minute consultation. We want to get you the settlement you deserve!
If you or someone you love has been injured in a prison, public school, or government building accident in the State of Kentucky and are in need of an experienced personal injury attorney, give the lawyers at the Cooper & Friedman law firm a call. The attorneys at Cooper and Friedman PLLC have over 50 years of combined experience defending the rights of boating accident victims. Contact us with questions you might have or schedule a free case consultation with an attorney by calling 502-459-7555 today.