If you fell in a government office building, state park, or courthouse, you may be considering legal action to recover for your injuries. Many people assume that, due to sovereign immunity, it is impossible to sue the government if you are injured on public property, even when there is apparent negligence. While the Commonwealth does maintain certain protections, you may be able to recover in limited circumstances. If you are considering suing the state or federal government, the liability attorneys at Shollenberger Januzzi & Wolfe, LLP, are available to discuss your legal options.
Does the Commonwealth of Pennsylvania Have Sovereign Immunity?
Under Pennsylvania law, government officials and employees are immune from certain lawsuits. Furthermore, government officials are protected from liability when performing their official duties. However, there are circumstances in which the government waives immunity, allowing a citizen to file a negligence claim.
Listed under the Pennsylvania Sovereign Immunity Act, the exceptions in which the government waives immunity may include any of the following:
- Motor vehicle accidents
- Medical malpractice
- Premises liability and care, custody, or control of personal property
- Dangerous conditions on government-owned property, including highways and sidewalks
- Potholes and other dangerous conditions
- Care, custody, or control of animals
- Toxoids and vaccines (limited circumstances apply)
- Liquor sales
- Sexual abuse
Pennsylvania law allows an injured party six months to file a claim against the government. However, this timeline is extended to 90 days if you are incapacitated. Before taking legal recourse, you must speak with a PA personal injury attorney to discuss the best course of action.
Is There a Limit on How Much I Can Recover Against the Commonwealth?
Pennsylvania law imposes a $250,000 cap on a plaintiff’s recoveries against Pennsylvania government agencies and a $500,000 cap against local government agencies, either per plaintiff or in the aggregate. According to 42 Pa.C.S. §8528, damages against the government are restricted to the following:
- Past and future lost wages and lost earning capacity
- Pain and suffering
- Medical and dental expenses
- Loss of consortium
- Property losses
The Gravity of Slip and Falls on Government Property
The government does have certain protections against frivolous lawsuits, but that does not mean that you should not pursue compensation if injured. Many slip and fall victims experience serious injuries, requiring multiple surgeries, physical therapy, and modifications to be made to their homes. These costs can significantly impact your bank account, making it difficult to cover your living expenses. Even though you may want to avoid the hassle of pursuing a case against the government, it is not worth it when you have to bear thousands of dollars in damages.
If you decide to pursue a claim against the State, you will need to meet strict deadlines and adhere to specific procedures. If you experience a fall on federal property, these claims are generally filed under the Federal Tort Claims Act (FTCA). Different requirements apply, so you must work with an attorney experienced in handling federal government claims.
Contact Our Injury Liability Attorneys At Your Convenience
If you experience a fall on government property, you must understand your options. At Shollenberger Januzzi & Wolfe, LLP, our PA premises liability lawyers are committed to helping our clients recover full compensation for medical expenses, lost wages, and other accident-incurred costs. If you are interested in discussing your matter with a member of our legal team, contact us online or call (717) 229-6580 to schedule your free consultation today.