When a person is injured on public property owned or controlled by a state, federal, or local government—or when a person or a person’s real or personal property is injured or damaged by a motor vehicle, piece of equipment, or other instrumentality—the question of whether the governmental entity that may be responsible for the alleged negligence can be sued and forced to pay any resulting court judgment for money damages.

An important legal issue to address in answering these questions is sovereign immunity. Sovereign immunity (also known as governmental immunity) in American law was derived from the British common law doctrine that the King could do no wrong—and thus could not be sued. Sovereign immunity varies from state to state, but typically applies to state governments as well as the federal government.

For example, sovereign immunity protects the state and its various provisions of state government—including agencies, boards, hospitals, and universities—from liability and from suit—unless the immunity has been waived. Similarly, sovereign immunity protects political subdivisions—including counties, cities, and school districts—from liability and from suit—unless the immunity has been waived.

Thus, sovereign immunity encompasses two principles: (1) immunity from suit and (2) immunity from liability. Immunity from suit bars a suit against the state or other governmental entity unless the legislature expressly gives consent. Immunity from liability protects the state or other governmental entity from judgments even if the legislature has expressly given consent to sue.

But federal and state governments (generally the U.S. Congress and state legislatures) have the ability to waive their sovereign immunity. Waivers of sovereign immunity are usually included in state and federal statutes and interpreted and applied by state and federal courts in court opinions.

A party may establish legislative consent by referencing a statute or a resolution granting express legislative permission. Legislative consent to sue the state or other governmental entity must be expressed in clear and unambiguous language.

Laws regarding sovereign immunity (and whether a person can sue and recover damages from a state, federal, or local government) vary significantly among states and in the federal system. These laws are usually located in the relevant state or federal statutes—and as applied by the courts in prior lawsuits and written by judges in prior court opinions known as case law.

In Massachusetts, the concept of sovereign immunity means that the state and its subdivisions, such as agencies and municipalities, are generally protected from lawsuits and liability unless this immunity is explicitly waived by statute. The Massachusetts Tort Claims Act (MTCA) provides such a waiver, allowing individuals to sue the state or its subdivisions for certain tortious acts, including negligence, by government employees acting within the scope of their employment. However, there are strict procedural requirements and limitations on damages that apply to such claims. For example, claims must be presented in writing to the appropriate public employer within two years after the cause of action accrues, and damages are capped at $100,000. Additionally, the MTCA does not permit claims based on intentional torts or for punitive damages. It's important for individuals who have been injured on public property or by a government-operated vehicle to consult with an attorney to understand their rights and the specific procedures required to pursue a claim against a governmental entity in Massachusetts.