Posts Tagged ‘sovereign immunity’

The area had just sustained two large snowstorms in less than one week. The state and local authorities had performed well in removing the snow, but there were large piles everywhere immediately adjacent to the road.

Kelly pulled up to an intersection, but because of the amount of snow that had been piled at the corner, she had a very difficult time ascertaining whether or not it was safe to pull onto the main highway. She found herself having to pull out well beyond the stop sign, exposing the front of her car. As she slowly edged out into the road, unfortunately the front passenger side of her car was clipped by a vehicle which she was never able to see coming. The other driver, who had the right of way, claimed that she never saw Kelly’s car until it was well onto the road.

QUESTION

Kelly felt that she should not be at fault since there was nothing she could do to avoid the accident. Kelly felt if anything, the municipality that was in charge of the snow removal should be responsible.

ANSWER

Both the state and local municipalities are not responsible in situations like this. For artificially created hazards that might occur as a result of the moving and removing of snow. The governmental units enjoy sovereign immunity in cases such as this. As a basic rule, this immunity applies to artificially created situations on a road, but would not apply if they were negligent construction or design of a road.

Helen was taking a leisurely stroll on a sunny Saturday afternoon on Main Street in Hawley. Helen was on her way to the candy store when, out of the corner of her eye, she noticed a rather large dog without a collar crossing the street heading towards her.

Helen continued to walk towards the store as the dog got closer and closer. Helen did not see any type of aggressive behavior with the dog and reached down to pet it. Unfortunately, as soon as Helen stuck her hand out, the dog bit her, causing a serious injury to her hand. When Helen screamed, the dog let go and ran away. Because of various complications, Helen’s medical bills would run over $20,000.

Issue: Does Helen have any right to bring a lawsuit against the municipality?

Answer: No. A stray dog on a town sidewalk would not be considered within the care, custody or control of the municipality. The municipality would enjoy sovereign immunity or, in other words, could not be sued in such a circumstance. Examples of potential liability would be for police dogs and/or horses that were being used by policemen.

In cases involving animals, a court will determine whether the animal at issue was a wild or a domestic animal. If the animal is wild, there is no liability. If the animal is considered a domestic animal, then the court will make a determination whether or not that animal is in the control of the local governmental agency. If it is not, then there can be no lawsuit against the municipality.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.