Legal Definitions - government tort

A government tort refers to a civil wrong committed by a government entity or one of its employees acting within their official capacity, which causes harm, injury, or loss to an individual. To understand this, it's helpful to first understand what a "tort" is in general.

A tort is a civil wrong (not a criminal act or a breach of contract) that causes someone else to suffer loss or harm, resulting in legal liability for the person who commits the tortious act. Common types of torts include negligence (e.g., a driver causing an accident), intentional torts (e.g., assault), or strict liability torts (where liability exists regardless of fault).

Historically, governments were protected by "sovereign immunity," meaning they could not be sued without their consent. However, most jurisdictions in the United States have waived or limited this immunity through specific laws, such as the Federal Tort Claims Act (FTCA) at the federal level, or similar state-level tort claims acts. These laws allow individuals to sue the government for certain torts, treating the government much like a private party would be treated in similar circumstances, though often with specific procedural requirements and limitations.

Here are some examples of how a government tort might apply:

• Negligent Maintenance of Public Property: Imagine a city's public works department is repeatedly notified about a broken traffic signal at a busy intersection, but it fails to repair it for several weeks. During this time, a collision occurs at the intersection because drivers are confused about who has the right-of-way. The injured parties in the accident could potentially file a government tort claim against the city, arguing that the city's negligence in maintaining essential public infrastructure directly contributed to their injuries and damages.
• Government Employee Negligence: Consider a county sheriff's deputy who, while responding to a non-emergency call, is distracted by their mobile data terminal and negligently swerves into another lane, causing a collision with a civilian's vehicle. The injured civilian could pursue a government tort claim against the county for the deputy's negligence, as the deputy was acting within the scope of their official employment at the time of the accident.
• Failure to Warn or Protect: Suppose a state park management team receives multiple credible reports of a dangerous, untreated sewage leak near a popular swimming area, but fails to close the area or post adequate warning signs. Several park visitors subsequently become ill after swimming in the contaminated water. These visitors might have grounds for a government tort claim against the state park system, alleging negligence for failing to warn of a known hazard or take reasonable steps to ensure public safety.