Erik Luthens

GOVERNMENTAL IMMUNITY

Sidewalks, roadways, parks and other public areas are often sites of accidents and injuries. If there is a flaw on the public property, or repairs have not been completed, members of the public may be injured. If the accident or injury related to the property itself was privately owned, the owner would be liable. Public property is regulated by a different set of laws. Sovereign immunity, or governmental immunity, is where no governmental body can be sued unless it gives permission. These laws stemmed from days when kings set the rules, and was negated by the Federal Tort Claims Act relating to federal concerns and state waivers in each individual state, allowing certain cases. Contact a Iowa premises liability attorney representing clients in Cedar Rapids, Iowa today to schedule your initial consultation.

If you are a victim of a crime on public property that is committed by someone who is not a public employee (including police officers and firemen) on duty, neither Federal nor State governments may be held responsible. Limited exceptions apply to law enforcement officers.

The FTCA does allow monetary damages, but they are only for specific amounts. The procedures for filing a claim against the federal government law, and this also may be determined largely by the laws of the individual state. Before a lawsuit may be filed, written claims must be submitted. Premises liability laws are unique and have rules and requirements that vary from state to state. Experienced premise liability attorneys will be able to assist you to determine if you have a premises liability case if you have been injured on public property.


Des Moines personal injury lawyer, attorney Cedar Rapids, IA, elevator / swimming pool accident law firm - If you would like to schedule a initial consultation regarding your case, please contact the Luthens Law Offices at (800) 685-7948 or complete our inquiry form.