Defense of Municipalities and Government Entities
Sovereign immunity is a defense to liability rather than a right to be free from trial. Therefore, should a citizen bring a grievance against a municipality, state agency, fire department, police department, ambulance service or similar government agent, the state may need to defend itself in court.
Governmental entities are financially protected from liability by the state's sovereign immunity statute. Therefore, under many conditions, government entities have no financial liability for acts or omissions that cause injury or financial losses. In other instances, the sovereign immunity statute limits financial exposure to a set amount per accident and per person.
But the benefits of sovereign immunity do not extend to all municipal agencies; for example, the statute may not offer municipal defense for a city water or power utility. And even covered government entities cannot escape liability under the Missouri sovereign immunity statute for:
- Injuries resulting from the negligence of a public employee while operating a vehicle.
- Injuries caused by dangerous conditions on public property created by an employee.
Furthermore, a government entity can be held liable for two types of claims that the sovereign immunity statute does not cover:
- Motor vehicle accidents caused by employees driving for work outside the state of Missouri.
- Violations of civil rights or violations of employment practices brought in federal court by law enforcement or public officials against a state or municipal agency.
Sovereign Immunity Defense
The Missouri sovereign immunity defense attorneys at Moser & Marsalek, P.C. have been defending state agencies, cities and townships, municipal agencies, firefighters and police departments, city ambulance services and public utilities for decades.
We provide pre-litigation analysis to determine whether an agency or action is covered under the state's sovereign immunity statute and the degree of immunity offered. We conduct negotiations and litigation with the goal of minimizing financial losses and guidance in negotiations and settlement offers.
Contact Us | 314-282-2625
We have an insightful, diligent approach to the practice of law to ensure we are giving you the best, most efficient representation possible. Contact a Missouri municipal defense lawyer regarding official immunity.
