In California, as in all states, municipalities enjoy some levels of immunity from legal action. The state, cities, counties and school districts all qualify for some level of tort immunity in California, pursuant to what is known as the “Tort Claims Act.”
An Overview of Municipal Tort Claims Liability in California
The California Tort Claims Act is extremely broad in scope, covering legal actions against local public entities, public employees and the state. The statute defines “local public entities” to include cities, counties and school districts, as well as any public agencies or authorities, political subdivisions or state corporations. Public employees include paid and unpaid workers at all levels. The state of California includes office holders, departments, offices and divisions of the state.
Even though the law is known as the Tort Claims Act, it provides the opportunity to recover for other losses, including all claims for money or damages, whatever the legal basis for the action. The act does not cover lawsuits seeking some other form of redress than money, and federal civil rights violations are exempted.
The law specifically grants immunity to all qualified entities for any type of legal action not set forth in the act, i.e., all common law claims against a governmental entity have been eliminated and replaced with statutory claims. The most common claims filed under the law include:
- Actions for “tortious” conduct by a municipal body
- Actions for “vicarious liability”—Lawsuits against municipal entities based on the acts of omissions of their employees
Contact the Law Offices of J. Lewis & Associates
To discuss your legal needs with an experienced Riverside personal injury accident injury lawyer, contact our office online or call us toll-free at 1-800-228-0507. There is no charge for your initial consultation.
Se Habla Espanol.