Public Entity Liability
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The State of Florida, it's counties, it's cities and it's political subdivisions, all enjoy a limitation on liability for negligence. This is called "sovereign immunity." Sovereign immunity is an ancient doctrine. It essentially means that the king or "sovereign" can not be sued. The legislature of the State of Florida has passed a limited waiver of liability for negligence claims. Under Florida law, you can bring a claim against the state or a political subdivision of the state, however the damages are limited to $100,000.00 per person and $200,000.00 per incident. There are also procedural requirements which must be met prior to bringing a claim. Additionally, the procedural requirements have the effect of shortening the statute of limitation for these claims. There are many different types of cases that can be brought upon the state or it's political subdivisions. These include negligence claims for the negligent maintenance of public facilities such as roads and parks, civil rights violations, and even medical malpractice. Many of our hospitals are public entities which enjoy protection under our sovereign immunity laws. |
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Copyright © 2001 - 2002 Kolodinsky, Seitz, Tresher
and Brown |