The Law Office of Kurt H King

November 14, 2017

BASIC SOVEREIGN IMMUNITY IN MISSOURI-2017

Some current basics:

In general, Missouri law prohibits lawsuits against the State itself and its political subdivisions, municipalities/cities, and quasi-governmental bodies (to some extent).  In other words, you can’t sue the King or the government for negligence or other tort acts or omissions unless he/it lets you–a doctrine known as Sovereign Immunity.

Some of the Major Exceptions to Sovereign Immunity

2) Missouri statute 537.600 allows these TORT lawsuits REGARDLESS OF WHETHER THE PUBLIC ENTITY ACTED IN GOVERNMENTAL OR A PROPRIETARY CAPACITY, AND REGARDLESS OF WHETHER THE PUBLIC ENTITY IS COVERED BY LIABILITY INSURANCE IN TORT:

(a) negligent operation of motor vehicles by public employees; and,

(b) for injuries caused by dangerous conditions on property of the public entity.

3)  And, Missouri Revised Statutes section 537.610 waives sovereign immunity as to the State of Missouri and its “political subdivisions” to a limited extent IF insured by liability insurance for tort claims.

4)  Missouri has a similar statute, section 71.185, which waives Sovereign Immunity so as to enable lawsuits against Missouri municipalities that carry liability insurance for tort claims, BUT ONLY in cases where the acts are those of governmental function (for the public good).

5)  If the municipality function which causes personal injury is proprietary–as a private business would act, for profit–then sovereign immunity does not apply.  City maintenance of a park has been held by Missouri appellate courts to be a proprietary function, as is a city’s provision of water to customers; however, airport security falls into the governmental function category.

6) The governmental-proprietary distinction does not apply to the State of Missouri and its political subdivisions–including the police departments of Kansas City and St. Louis  as they now exist under State law to avoid undue city influence and cuts in funding.

Kurt H. King

Law Office of Kurt H. King, 20 E. Franklin, Liberty, Clay County, Missouri 64068

816.781.6000

Personal Injury, Missouri Workers’ Compensation, General Litigation

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