Sovereign Immunity / Governmental Torts

Sovereign Immunity dates back to medieval England where it was acknowledged that the king could do no wrong, and therefore could not be sued in his own courts. In the United States, there was a time when citizens could not sue the government for torts committed by government employees. However, this immunity has been largely waived by the federal and state governments.

Florida state government is now liable for the torts it commits. However, the sovereign immunity doctrine limits the monetary amount an injured person can recover against the governmental entities of the State. Specifically, Florida law limits the amount of recovery against its governmental entities to $100,000.00 per individual. To seek damages beyond this amount, it is required that the injured party obtains authorization from the legislature.

Like Florida, the Federal Government cannot be sued unless it has waived its immunity. The United States has waived its immunity by enacting the Federal Torts Claims Act. This Act waives immunity if a negligent act of a federal employee causes damage to an individual.  Also, liability under the FTCA is limited to circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

This Act is a very complex piece of legislation. Many procedural steps must be taken before an individual can proceed under the Act.  Furthermore, for a claimant to be successful under this Act, it must be shown that the federal employee was acting within his scope of employment at the moment the alleged negligence tool place.

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