Governmental Immunity - Saab 9000 Bulletin Board - Saabnet.com
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Governmental Immunity
Posted by Kappy (more from Kappy) on Mon, 16 Sep 2002 14:05:42
In Reply to: Saabmarine....(long), KeithR, Sun, 15 Sep 2002 21:42:01
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Traditionally, state and some local governmental units were immune from suit under a concept known as soverign immunity. Soverign immunity is supplemented in some places by a similar doctrine known as municipal immunity. Soverign and municpal immunity can, and frequently are, waived by statutes that provide citizens legal recourse against state and local goverment in certain circumstances. This is a matter of state law and subject to variations to the tune of 50, but the one common theme is that immunity is generally waived from negligence in implementation, but preserved from negligence in planning. What this means is that if the goverment followed the planned design for drainage in constructing the library, and the consequence of that plan is that you get flooded, you may be out of luck. However, if the government screwed up the actual installation of the planned drainage, and this caused you to get flooded, then you might have a claim. Furthermore, there are circumstances where immunity may be waived if insurance was obtained to cover a particular risk.
posted by 24.50.58...
Posts in this Thread:
- Saabmarine....(long), KeithR, Sun, 15 Sep 2002 21:42:01
- Governmental Immunity, Kappy, Mon, 16 Sep 2002 14:05:42 <-- Viewing This Message
- Sue Everyone..., Tom 9KT, Mon, 16 Sep 2002 13:57:13
- Water Damage, Steve Brown, Mon, 16 Sep 2002 03:09:45
- Legal Action against gov't is like climbing a greased, Lu, Sun, 15 Sep 2002 21:50:05
- Thank's, KeithR, Mon, 16 Sep 2002 09:32:32
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