Negligence of Organization

Government and municipal officials owe a duty to the public to not commit illegal acts and to carry out their duties with reasonable care. Some, but not all government and municipal officials are immune from liability. As an example, although police officers generally cannot be sued for a failure to protect an individual, they can sometimes be subjected to liability if a special relationship was created under the law. Emergency medical services (EMS) personnel, prosecutors, and correctional officers operate under similar rules. Although the Administrative Law shifted liability for many sidewalk defects away from the city and to the abutting landowner, the city retained a duty to keep streets and certain sidewalks safe for those who traverse them on foot and in vehicles.

Government and municipality cases require prompt action, as there are special rules that serve as preconditions to commencing a case against a municipality or city. Generally, the first deadline is 90 days after the accident, and thereafter, 1 year and 90 days after the accident. The municipality or city may require the injured party to submit to questioning under oath (also known as a 50-h hearing).

Common Types of Negligence of Organization Cases Include:

  • Failure to Maintain a City Sidewalk from defects, snow, and ice
  • Insufficient Police Protection/Breach of Police Special Relationship
  • City Park Hazard
  • Faulty maintenance or construction of public structures, including monuments
  • Improper operation or maintenance of city equipment
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