Legal Definitions - governmental function

A governmental function refers to an action or service performed by a government body that is required or permitted by law (such as a constitution, statute, or regulation) and is carried out primarily for the benefit and well-being of the general public, rather than for profit or a specific private interest. When a government entity performs a governmental function, it is often protected by legal immunity, meaning it may be shielded from lawsuits for certain harms that might occur during the performance of that function.

Here are some examples to illustrate this concept:

• Operating a Public Library System: A city operates a network of public libraries, providing free access to books, educational resources, and community programs for all residents. This service is typically mandated or authorized by local ordinances and state laws, and its primary purpose is to educate and enrich the lives of the general public. If a patron slips and falls due to ordinary negligence in a library, the city might claim immunity from a lawsuit because operating the library is considered a governmental function.

• Managing Public Health Initiatives: A state health department conducts widespread vaccination campaigns during an epidemic. This action is authorized by state statutes empowering the department to protect public health. The benefit is clearly for the entire population, aiming to prevent the spread of disease. Should an individual claim an adverse reaction to a vaccine administered during such a campaign, the state might be immune from liability, as public health protection through vaccination is a core governmental function.

• Maintaining Public Parks and Green Spaces: A county parks department is responsible for the upkeep of public parks, playgrounds, and recreational trails. This responsibility is typically established by county ordinances, and the purpose is to provide recreational opportunities and improve the quality of life for all county residents. If a visitor is injured due to a minor defect on a playground structure that the county was unaware of, the county might assert immunity from a lawsuit, as maintaining public recreational areas is generally considered a governmental function.