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 New Jersey, the doctrine of sovereign immunity traditionally protects state and local government entities from being sued or being held liable for damages unless this immunity has been expressly waived. New Jersey has enacted the New Jersey Tort Claims Act (NJTCA), which provides a framework for when and how individuals can bring claims against public entities and public employees for alleged injuries. Under the NJTCA, there are specific requirements and exceptions that dictate the circumstances under which a government entity can be held liable. For example, the Act requires that a claimant must file a notice of claim within 90 days of the accrual of the cause of action. The NJTCA also outlines various immunities and defenses that may be available to public entities. It is important to note that even when the government waives immunity, there may still be limitations on the types of damages recoverable and the procedures that must be followed. As for federal government entities, the Federal Tort Claims Act (FTCA) similarly allows for certain types of lawsuits against federal agencies and employees, subject to various limitations and exceptions. An attorney can provide specific guidance on the applicability of sovereign immunity and the process for filing a claim against a government entity in New Jersey.
