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 not qualify 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 770-HURT-999 or 404-513-5415 to speak to a DeKalb County, Ga. personal injury lawyer at the Law Offices of Shane Smith.