Virginia Doctrine of Sovereign Immunity
It depends. In Virginia, the doctrine of sovereign immunity insulates municipalities from liability for negligence in performing or failing to perform governmental functions.
However, municipalities are not immune concerning proprietary functions. The distinction between governmental functions and proprietary functions is very complex and fact-specific.
Still, the Virginia Supreme Court has addressed specific scenarios and determined that certain functions by a municipality are governmental and protected by sovereign immunity.
Certain other functions are proprietary and not protected by sovereign immunity. For example, the Virginia Supreme Court has written that municipal garbage collection is a governmental function, but the municipal maintenance of public streets and sidewalks is a proprietary function.
The question of sovereign immunity becomes even more complex when attempting to determine whether a municipality’s employee is protected by sovereign immunity.
Writing on the application of the doctrine of sovereign immunity to an employee of a city, the Virginia Supreme Court has said that the following four factors must be considered:
(1) the nature of the function the employee performs;
(2) the extent of the government’s interest and involvement in the function;
(3) the degree of control and direction exercised over the employee by the government; and
(4) whether the act in question involved the exercise of discretion and judgment.
Much of the case law on applying the doctrine of sovereign immunity to municipal employees focuses on the fourth factor listed above: the exercise of discretion and judgment.
Like most issues involving questions of sovereign immunity, the case law applying the standard of discretion and judgment is complex and very fact-specific.
For example, a fire truck driver racing to a fire with lights and sirens activated will probably be protected by the doctrine of sovereign immunity.
However, sovereign immunity will not protect a fire truck driver responding to a non-emergency call without the lights and sirens activated.
Contact our personal injury lawyers in Virginia Beach.
Questions regarding the application of the sovereign immunity doctrine are specific to the facts of the individual personal injury case, and we encourage you to contact one of our personal injury lawyers in Virginia Beach.
We can assess whether the doctrine of sovereign immunity protects a municipality and/or a municipal employee and whether an exception to the doctrine of sovereign immunity, such as gross negligence, applies to the facts of the personal injury case.
As in all personal injury cases, an experienced personal injury lawyer can also advise the injured person on the value of the injury claim, guide the injured person through the process of filing a claim with the applicable insurance company or companies, and represent the injured person in the litigation of the personal injury claim if a lawsuit becomes necessary.
Schedule a Consultation With Preston, Wilson & Crandley, PLC
At Preston, Wilson & Crandley, PLC, we are here to help navigate the complexities of post-accident procedures and legal matters. Our experienced team ensures you receive the support and compensation you deserve.
Our attorneys handle injury claims ranging from bicycle accidents, pedestrian accidents, motorcycle accidents, truck accidents, and car accidents to drunk driving accidents and wrongful death claims.
Give us a call and let our experience work for you. We have been helping the people of Virginia since 1955 and are ready to help you. Schedule a consultation to discuss your case.
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