The Governmental Tort Claims Act Allows Recovery
When the government causes damage to you or to your property, Oklahoma law allows you to sue the government under certain circumstances and conditions. The law is called the Governmental Tort Claims Act. It allows an injured party to sue the State of Oklahoma as well as other governmental entities such as cities, counties, and schools.
Sometimes, accidents giving rise to injuries can occur on governmental property. You can slip and fall in a governmental building or facility. A lack of maintenance at a school can cause equipment to malfunction, or cause a building failure.
Other injuries caused by a governmental entity can come via city streets. For example, a city garbage truck driver can misjudge the distance between the garbage truck and a parked car and accidentally side-swipe it. A police officer can run into a person or other vehicle while in pursuit of another vehicle.
Whatever the damage, when a governmental entity is in the wrong, an ordinary citizen can bring a lawsuit against the entity under a negligence cause of action for the damages it has caused.
Exceptions to the Governmental Tort Claims Act
The ability to sue under the Governmental Tort Claims Act is limited by Oklahoma law. There are many instances in which a lawsuit is not allowed. The law lists 37 instances in which the government cannot be held liable for damages caused by a governmental entity. This list is long, but here are some examples of exceptions under the law:
Legislative functions;
Any judicial, quasi-judicial, or prosecutorial functions. However, claims for wrongful criminal felony conviction resulting in imprisonment are allowed under the law;
Execution or enforcement of lawful court orders;
Adoption, enforcement of, or failure to adopt or enforce a law;
The performing or the failure to perform any discretionary act or service;
Failing to provide police, law enforcement, or fire protection;
The use of necessary and reasonable force by a school employee to control or discipline a student;
Snow, ice, or other natural conditions on any public way or other public place caused by weather conditions, unless the condition is actually caused by the negligent act of the entity;
Damage resulting from law enforcement response;
Maintenance of highway system unless evidence establishes that the state failed to warn of the unsafe condition or other negligent affirmative acts. Okla. Stat. tit. 51 § 155
There are many other types of situations in which a claim is not allowed. To determine whether your claim is allowed or exempt under the law, you should consult with an experienced personal injury attorney in Tulsa.
Notices and Deadlines for Filing Are Strict
Suing a governmental entity is a bit different than filing a claim and suing just about everyone else. Oklahoma law has a notice requirement that is strictly adhered to.
Before you file a lawsuit, you must file a Notice of Tort Claim. This is a letter to the government agency that advises them of the injury type and date, the damages involved, a description of what happened, and the amount of damages being sought from the governmental entity. It is important to file the letter in the appropriate office. This varies depending on the type of entity involved. Check with your attorney before filing any claim. Making a mistake in the Notice, or failing to file the Notice can result in having your lawsuit dismissed.
No lawsuit can be filed until and unless the claim is denied. The government has 90 days to review and either pay the claim or deny it.
In addition, there are deadlines that must be adhered to. Any Notice of Tort Claim must be filed within one year of the date of injury. This is despite the fact that Oklahoma allows a two-year period from the date of injury to file a lawsuit. After a denial of the claim, you have only six months in which to file the lawsuit.
The Type and Amount of Recoverable Damages May Be Limited
These cases have limits on damages allowable for both personal injury and property damage. For example, the law only allows a person to collect up to $25,000 for property damages against a governmental entity or municipality. Okla. Stat. tit. 51 § 154. Caps on damages are somewhat determined by population density: $125,000 for a claim on the low end, and $175,000 on the upper end. Caps for damages in a medical negligence case are slightly higher. Additionally, the law expressly prohibits the award of punitive or exemplary damages.
This is a highly technical area of the law, and it is helpful to consult with an experienced Tulsa personal injury attorney about limitations on damages that might apply to your case.
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