St. Petersburg Florida Tort Claims Act Attorney | Lawyers that Sue St. Petersburg or Florida

Florida Tort Claims Act Lawyers - Government Liability Lawyers Serving St. Petersburg Residents Injured by the State or Municipal Government

In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies or subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent specified in this act. Actions at law against the state or any of its agencies or subdivisions to recover damages in tort for money damages against the state or its agencies or subdivisions for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee's office or employment under circumstances in which the state or such agency or subdivision, if a private person, would be liable to the claimant, in accordance with the general laws of this state, may be prosecuted subject to the limitations specified in this act. - Florida Statute 768.28

An old Latin adage advises "Rex non potest peccare," or, in English, "The King can do no wrong." This saying expresses the Old World notion that the ruling class was essentially immune from any liability and could reign as they wished, breaking any laws they saw fit. In fact, at English common law, it was impossible to sue the Sovereign or King for redress. Since every state in the United States - with the notable exception of Louisiana - adopted the English common law, it was also historically impossible for a to sue a state government. Modern society has changed laws too better reflect a democratic society, and now states can be sued under some circumstances.

The laws dictating what the government can be sued for and how are extremely complicated. There are different laws depending on whether the Federal, State or Local governments are being sued. The basic premise of the Florida laws are that you can sue the government when a government employee does something that you would be able to sue a private person for. 

Florida's Tort Claims act includes a four (4) year statute of limitations on your claim, special caps on damages and attorney's fees, and many other unique provisions. Only a qualified St. Petersburg, Florida governmental Liability lawyer can tell you how these laws fit your situation. Governmental liability laws often come with complicated requirements for quickly giving the government notice of the suit. You should contact a St. Petersburg Governmental Liability lawyer as soon as possible if anything done by any government or person working for the government has caused you injury.

Some situations that often lead to Governmental Liability include:

  • Slip and fall cases
  • Broken elevators and escalators
  • Ferry or boat related accidents
  • Fire Damage
  • Wrongful Eviction
  • Contractual Disputes
  • Wrongful Acts
  • Errors and Omissions
  • Malicious Prosecution
  • Professional Liability
  • Garage Liability
  • Foster Parent Liability
  • Wrongful Entry

 ThebvvGovernmental Liability for Civil Rights Violations

Florida's State, County and City governments can be held liable under certain circumstances for civil rights violations. Some types of violations that may cause governmental liability include:

  • Discrimination
  • Harassment
  • Retaliation for reporting discrimination
  • False Arrest
  • Illegal Imprisonment
  • Illegal Detention

The following is Florida's Tort Claim act. This is the act which allows people to sue the government of the State of Florida. For more information on suing governments, see our St. Petersburg Governmental Liability Lawyers Page


Florida Tort Claims Act

768.28  Waiver of sovereign immunity in tort actions; recovery limits; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs.--
 
(1)  In accordance with s. 13, Art. X of the State Constitution, the state, for itself and for its agencies or subdivisions, hereby waives sovereign immunity for liability for torts, but only to the extent specified in this act. Actions at law against the state or any of its agencies or subdivisions to recover damages in tort for money damages against the state or its agencies or subdivisions for injury or loss of property, personal injury, or death caused by the negligent or wrongful act or omission of any employee of the agency or subdivision while acting within the scope of the employee's office or employment under circumstances in which the state or such agency or subdivision, if a private person, would be liable to the claimant, in accordance with the general laws of this state, may be prosecuted subject to the limitations specified in this act. Any such action may be brought in the county where the property in litigation is located or, if the affected agency or subdivision has an office in such county for the transaction of its customary business, where the cause of action accrued. However, any such action against a state university board of trustees shall be brought in the county in which that university's main campus is located or in the county in which the cause of action accrued if the university maintains therein a substantial presence for the transaction of its customary business. St. Petersburg Sue the Government Attorney
(2)  As used in this act, "state agencies or subdivisions" include the executive departments, the Legislature, the judicial branch (including public defenders), and the independent establishments of the state, including state university boards of trustees; counties and municipalities; and corporations primarily acting as instrumentalities or agencies of the state, counties, or municipalities, including the Florida Space Authority.
(5)  The state and its agencies and subdivisions shall be liable for tort claims in the same manner and to the same extent as a private individual under like circumstances, but liability shall not include punitive damages or interest for the period before judgment. Neither the state nor its agencies or subdivisions shall be liable to pay a claim or a judgment by any one person which exceeds the sum of $100,000 or any claim or judgment, or portions thereof, which, when totaled with all other claims or judgments paid by the state or its agencies or subdivisions arising out of the same incident or occurrence, exceeds the sum of $200,000. However, a judgment or judgments may be claimed and rendered in excess of these amounts and may be settled and paid pursuant to this act up to $100,000 or $200,000, as the case may be; and that portion of the judgment that exceeds these amounts may be reported to the Legislature, but may be paid in part or in whole only by further act of the Legislature. Notwithstanding the limited waiver of sovereign immunity provided herein, the state or an agency or subdivision thereof may agree, within the limits of insurance coverage provided, to settle a claim made or a judgment rendered against it without further action by the Legislature, but the state or agency or subdivision thereof shall not be deemed to have waived any defense of sovereign immunity or to have increased the limits of its liability as a result of its obtaining insurance coverage for tortious acts in excess of the $100,000 or $200,000 waiver provided above. The limitations of liability set forth in this subsection shall apply to the state and its agencies and subdivisions whether or not the state or its agencies or subdivisions possessed sovereign immunity before July 1, 1974.
(6)(a)  An action may not be instituted on a claim against the state or one of its agencies or subdivisions unless the claimant presents the claim in writing to the appropriate agency, and also, except as to any claim against a municipality or the Florida Space Authority, presents such claim in writing to the Department of Financial Services, within 3 years after such claim accrues and the Department of Financial Services or the appropriate agency denies the claim in writing; except that, if such claim is for contribution pursuant to s. 768.31, it must be so presented within 6 months after the judgment against the tortfeasor seeking contribution has become final by lapse of time for appeal or after appellate review or, if there is no such judgment, within 6 months after the tortfeasor seeking contribution has either discharged the common liability by payment or agreed, while the action is pending against her or him, to discharge the common liability.
 
The following properties are owned by local entities. If you have been hurt in any of these places, you may be able to make a claim under the Florida Tort Claims Act:
 
Mirror Lake Branch Public Library
280 5th Street North
St. Petersburg, FL 33701
(727) 893-7268

St Petersburg Public Library
2300 Roy Hanna Drive South
St. Petersburg, FL 33712
(727) 893-7244
St Petersburg Public Library
861 70th Avenue North
St. Petersburg, FL 33702
(727) 893-7214

St. Pete Beach Public Library
365 73rd Avenue
St. Pete Beach, FL 33706
(727) 363-9238
St Petersburg Public Library
3745 9th Avenue North
St. Petersburg, FL 33713
(727) 893-7724

Gulfport Public Library
5501 28th Avenue South
Gulfport, FL 33707
(727) 893-1074
 

If you have been hurt by an employee of the State of Florida or of a local government, contact a St. Petersburg Governmental Liability Lawyer today!

Serving clients throughout Southwestern Florida, including Bradenton, Brandon, Clearwater, Dunedin, Egypt Lake-Leto, Gibsonton, Gulfport, Indian Rocks Beach, Lake Magdalene, Largo, Oldsmar, Orient Park, Palm Harbor, Palmetto, Pinellas, Sarasota, Seminole, South Highpoint, St. Pete Beach, St. Petersburg, Tampa, Tarpon Springs, Temple Terrace, Town 'N' Country, West and East Lealman, and other communities in Pinellas County.