governmental immunity


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Related to governmental immunity: Immunity from Suit

governmental immunity

n. the doctrine from English Common Law that no governmental body can be sued unless it gives permission. This protection resulted in terrible injustices, since public hospitals, government drivers and other employees could be negligent with impunity (free) from judgment. The Federal Tort Claims Act and state waivers of immunity (with specific claims systems) have negated this rule, which stemmed from the days when kings set prerogatives. (See: immunity, Federal Tort Claims Act)

References in periodicals archive ?
The court also rejected Webb's argument that California's 1998 anti-paparazzi law--a legislative reaction to the 1997 death of Princess Diana in a Paris car crash while being pursued by paparazzi--trumps governmental immunity.
Part I addresses the Stafford Act generally, with specific attention paid to governmental immunity surrounding so-called "discretionary functions.
Although the concept of governmental immunity was adopted initially by the first U.
The court rejected the plaintiff's contention that the injuries were caused by the uyse or misue of tangible personal property, which would have removed the hospital's governmental immunity protection.
28 [Florida Statutes (1975), waiving governmental immunity in tort].
with the current disfavor of the doctrine of governmental immunity from
City of Detroit, (91) the court held that governmental immunity was a "characteristic of government," rather than an affirmative defense, thus requiring the plaintiff to plead in avoidance of governmental immunity in their prima facie case.
The issue for this court is whether the plaintiff's trial pleadings invoke a waiver of governmental immunity under any of these sections of the Act allowing suit to be filed.
Be aware that the laws vary from state to state, and that governmental immunity, if it still exists in your state, could work against you and result in an unexpected legal liability.
Not one clause of the first seven articles even remotely hints at the idea of governmental immunity from suits.

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