Government Liability in Slip and Fall Lawsuits

Slip and fall accidents can arise on many types of premises, including those owned or controlled by government entities. Seeking compensation for injuries sustained under these circumstances involves different and often more restrictive legal procedures than claims pursued against private parties. These differences stem from the doctrine of sovereign immunity, which historically shielded governments from liability and has been waived only under specific conditions. Understanding the rules, deadlines, and standards that apply is crucial for anyone who wishes to pursue compensation for a slip and fall on government property.

Sovereign Immunity and Exceptions

Sovereign immunity traditionally prevented lawsuits against government entities and their employees. Most governments have waived this immunity through laws known as tort claims acts, which allow individuals to seek damages for injuries, including slip and fall incidents. However, these laws impose detailed and sometimes stringent procedures, such as shortened filing deadlines and specific notice requirements. Adhering closely to the requirements of the applicable tort claims act is essential, since any procedural error, however minor, can result in the loss of the right to pursue a claim.

Discretionary vs. Ministerial Functions

Many jurisdictions distinguish between discretionary and ministerial functions performed by government entities and employees. A discretionary function usually involves judgment, decision-making, or planning, making it more likely to be shielded from liability. A ministerial function is more routine and follows set rules or standards, so a claim may be more viable if the plaintiff can show negligence in the performance of a ministerial task. This distinction can be critical because even if other elements of the claim are satisfied, the government may assert immunity if the action that allegedly caused the accident falls under a discretionary function.

Governmental vs. Proprietary Functions

Some tort claims acts also classify a government’s actions as either governmental or proprietary. Governmental functions, such as providing police or firefighting services, are typically essential services for the public good, and liability is often restricted. Proprietary functions are more in line with what a private entity might do, like managing a utility or certain revenue-generating operations. Governments may have fewer immunity protections when they engage in proprietary functions.

The Notice of Claim

Most government tort claims acts require an injured person to file a formal notice with the government agency responsible for the property. This notice typically includes the claimant’s personal information, the date, time, and location of the accident, a detailed description of the hazardous condition, and a statement explaining why the agency is accountable. It also usually itemizes expenses linked to the injury, such as medical bills and lost wages. Strict compliance with content and procedural requirements is critical. Sending the notice to the wrong agency or making mistakes in the information provided often leads to the dismissal of the claim.

There are strict deadlines for filing these notices, which are usually shorter than the standard personal injury statute of limitations. Failing to comply with these time limits usually prevents any possibility of recovering damages.

Proving Government Negligence

To obtain compensation for a slip and fall on government property, the plaintiff typically must prove that the property’s condition posed a significant risk of injury to those using it with due care. There must be a direct connection between the hazard and the injury. The plaintiff must also establish that the government had actual or constructive notice of the condition. Actual notice means the government knew of the condition, such as from prior complaints. Constructive notice means the government should have known through reasonable inspections or oversight. The government must have failed to resolve or warn about the hazard within a reasonable time frame.

Federal Tort Claims

If a slip and fall incident occurs on property owned or controlled by the federal government, the claim generally falls under the Federal Tort Claims Act. This law waives federal sovereign immunity for certain types of negligence but imposes strict requirements. The injured person must first file an administrative claim with the relevant federal agency, typically using Standard Form 95. There is a two-year period from the date of injury to submit this administrative claim. If the agency denies the claim or does not respond within six months, a lawsuit can be filed in federal court. Failing to complete this process eliminates the possibility of successfully suing the federal government.

Identifying the Correct Government Entity

Multiple government agencies often share maintenance responsibilities for the same property, such as a building or recreational area. Identifying which entity is responsible for the exact location where the accident occurred frequently determines which agency must receive the notice of claim. Checking property records, observing local signage, or speaking with government offices can help pinpoint the correct defendant. Failing to identify the responsible party can prevent a claim from proceeding.

Documentation, Evidence, and Record Retention

Documenting every detail of a slip and fall incident on government property often proves vital. Written accident reports, photographs of the hazard, and witness statements all establish necessary facts regarding the condition of the property and the extent of the resulting injuries. Consistent medical evaluation and prompt reporting can strengthen the link between the accident and the harm suffered. Retaining copies of all submissions to the government, along with records of mailing or electronic delivery, is key to showing compliance with notice deadlines. Maintaining correspondence from the agency and noting any official decisions or denials helps ensure that subsequent steps, such as filing a lawsuit, meet the strict timelines mandated by the relevant tort claims act.

Last reviewed May 2025