Filing Tort Claim Against Government in Georgia: When Sovereign Immunity Cannot be Waived

Need to file a tort claim against the government? A DeKalb County personal injury lawyer may be helpful when pursuing such a claim. In order to file a claim against the government, you must be granted a waiver of sovereign immunity. 

Unfortunately, these waivers are not easy to come by. According to Georgia state law, code 50-21-24, there are 12 situations that, if an injury results, may notqualify for a waiver of sovereign immunity and you will be unable to file a claim. 

The 12 situations that may not qualify for a waiver of sovereign immunity include: 

  • action of a government employee while exercising his or her legal duty with due care or while following a state regulation, ordinance, or statute;
  • a government employee or officer’s action or negligence while performing their expected discretionary duty;
  • the collection of taxes or withholding of goods by a law enforcement officer
  • legislative, judicial or prosecutorial action or inaction;
  • riot, rebellion or civil disturbance, method of providing, or failure to provide law enforcement/fire protection;
  • failure to make a property inspection or to complete an adequate inspection;
  • false arrest or imprisonment, assault, battery, libel, slander or malicious prosecution;
  • denial, suspension, revocation or failure to issue a license, permit or certificate;
  • financial oversight, regulation or audits;
  • construction designs or plans for highways, roads, bridges or other public areas;
  • Georgia National Coast guard activities while on duty or in training; and
  • failure of computer software or devices. 

If you’re considering a tort claim against a Georgia government entity, get legal help today. Call (980) 246-2656 to speak to a DeKalb County, Ga. personal injury lawyer at Shane Smith Law.