QUESTION
Can a city official be sued for not providing a standard of care?
Asked on Oct 09th, 2011 on Personal Injury - Oregon
More details to this question:
I failed to provide a standard of care in a city decision that caused people to get hurt in accidents as a result. Can I be sued as an individual after I leave office?
11 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No.
Answered on Jun 03rd, 2013 at 1:21 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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No. Your actions (or failure to act) were committed in your official capacity, which gives you qualified immunity.
Answered on Oct 28th, 2011 at 1:21 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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It is hard to understand what you may have done to provide a complete answer. But employees are generally immune for civil liability for actions taken in the course and scope of their duties. The fact that you are voted out or resign is of no import.
Answered on Oct 11th, 2011 at 10:56 AM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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Yes. The city probably has insurance to cover your mistakes so contact them immediately.
Answered on Oct 10th, 2011 at 10:42 PM
Personal Injury Attorney serving Portland, OR
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Law Offices of Thomas Patton
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It's unlikely that you will be liable in any personal capacity. It is more likely that the City, as your employer, will be liable for any lapses on your part.
Answered on Oct 10th, 2011 at 5:47 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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I would need more information to answer this question. One issue is whether the decision was a decision that was a discretionary decision after weighing different options. A city official has immunity from being sued for such a decision. A plaintiff would have to show more than mere negligence in the decision, but would have to show recklessness. Furthermore, if there is a suit, the individual is much more likely to sue the City rather than you individually for two reasons. First, it will be easier to collect from the city (you could declare bankruptcy and they might get nothing, and second, people ordinarily would rather avoid suing someone personally if they can go after a city or corporation because it is simply unpleasant to go after an individual.
Answered on Oct 10th, 2011 at 5:42 PM
In Utah, there is sovereign immunity for actions taken by governmental entities, except in some limited circumstances. You should consult an attorney with the specific facts of your case to determine whether you could be personally liable for your actions.
Answered on Oct 10th, 2011 at 5:42 PM
You can be sued and be liablefor wilful conduct which harms or causes injury to another personwhile in the course of your employment. However, for most other acts you perform during and in the course of youremployment, even though you may also be sued along with your employer, the liability for payment may fall on your employer.
Answered on Oct 10th, 2011 at 5:05 PM
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There should be coverage for on the job and post job provided by the City and HR would know about that.
Answered on Oct 10th, 2011 at 4:57 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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" standard of care" normally is used in NC to describe the level of care required of a professional. Doctor, lawyer, dentist, etc. A public official is supposed to exercise good business judgment, and engage in fair dealing. If you are guilty of negligence as an official and that negligence causes injury you may incur some liability. But the insurance of the government agency should cover you , and you may be immune under the doctrine of governmental immunity (the King can do no wrong. In modern times, but he can if he has liability insurance to cover his default)
Answered on Oct 10th, 2011 at 4:57 PM
No. As long as you were acting in your capacity as a city employee, the city will defend you and pay any judgment.
Answered on Oct 10th, 2011 at 3:46 PM