Can You Sue the City of St. Louis for a Personal Injury?

Can you sue St. Louis City for a personal injury? Personal injury claims against governmental bodies come with their own set of unique challenges and legal barriers, primarily due to a doctrine known as "sovereign immunity." This doctrine can often seem like a significant hurdle for injured individuals seeking justice. If St. Louis City or its employees hurt you, they should have to pay just like anyone else would, right?

Burger Law is here to tell you that suing a government entity for injuries, including the City of St. Louis, is entirely possible with the right team of St. Louis injury lawyers behind you. In fact, suing a municipality is necessary in many cases to get the full compensation you deserve. If you were injured because of the city's negligence or the negligence of a city employee, see how much your claim may be worth by using our free personal injury calculator. Then, call Burger Law at (314) 500-HURT or contact us online for a free consultation. We take personal injury cases throughout Missouri and Illinois.

What is Sovereign Immunity?

Sovereign immunity is a legal doctrine rooted in the old English Common Law principle, "rex non potest peccare, or, "the king can do no wrong." This doctrine originally meant that the government couldn't be sued without its consent. Obviously, we don't have kings here in the United States and governments around the world have changed quite a but since then. But, our civil laws are still based on English Common Law and sovereign immunity still applies to the federal and most state governments.

Basically, sovereign immunity means you cannot sue the government for an injury unless state laws say otherwise. There are two main reasons sovereign immunity still exists:

1. The state doesn't want to be overburdened by lawsuits that would take away from the smooth functioning of public services
2. The government and its employees shouldn't be discouraged from doing work that's necessary for the public

In Missouri, the doctrine of sovereign immunity is outlined in state statutes, with certain exceptions and nuances that are crucial for potential claimants to understand.

Explanation of Missouri Revised Statute §537.600

Missouri Revised Statute §537.600 is the Missouri statute that addresses the state's sovereign immunity doctrine. The statute establishes that the state of Missouri, as well as its public entities and employees, are generally immune from liability for civil wrongs or torts, including personal injury claims. This means that, by default, one cannot sue the state or its entities for damages in a personal injury case.

However, the statute also lists two main exceptions to this general rule of immunity:

1. Injuries caused by the negligence of public employees as they drove motorized vehicles (whether a public bus, snow plow, etc...)
2. Injuries sustained by dangerous conditions on public property, if
   • The condition existed at the time of the injury
   • The condition created a reasonably foreseeable risk of harm
   • The condition was caused by a public employee's negligence or the government had been notified of the condition and was given sufficient time to fix it

"Public property" includes state highways and roads, and the government can be sued for injuries that happen due to the negligent or dangerous design of a road, as long as the road was designed and constructed after September 12, 1977.

It's important to note that Missouri Revised Statute §537.600 only applies to the Missouri state government and state employees. However, City of St. Louis Charter Chapter 4.12 outlines the same exceptions for St. Louis City.

If you think there are hazards in your area that St. Louis City needs to be aware of, read about when to call Citizens' Service Bureau here.

What Injuries Can the City of St. Louis Be Held Liable For?

While the two exceptions to sovereign immunity in St. Louis and Missouri may seem limited, they still apply to a wide range of circumstances:

• City Vehicle Accidents — If a city bus, garbage truck or any other city-operated vehicle causes an accident due to negligence, or a city employee hit you in their car while performing their job, you can file a claim against the city the same as you would file one against a civilian driver who injured you.
• Slip and Falls and other Premises Liability Claims — Public places in St. Louis like city parks, municipal buildings or city sidewalks must be maintained safely. If they aren't and someone is injured as a result, the city might be liable. For instance, if a sidewalk in front of a city building has been in disrepair for a significant period and causes a trip and fall injury, the city could be held accountable. The city may also be liable for "smaller" issues like broken stairs in a public library if they cause injury.
• Injuries in City Recreational Facilities — If someone gets injured in a city-run swimming pool, playground or any other recreational facility due to lack of maintenance or supervision, there's potential for a claim against the city.
• Injuries from Poor Road Designs or Malfunctioning Traffic Signals — St. Louis City can be held liable for auto accidents even when a city employee isn't driving. If a traffic light malfunctions and causes an accident, and it's found that the city was aware of the issue but didn't act, they could be held liable. The same is true if a road was poorly designed, if they failed to repair a road hazard they were aware of or if they incorrectly maintained a road.

How to File an Injury Claim Against St. Louis City

Filing a personal injury claim against the City of St. Louis or State of Missouri involves a distinct set of steps compared to pursuing compensation from a private entity or individual. Normally, you could simply file a claim with the relevant insurance carrier, but claims against government and public entities have special rules.

To make a claim against a government entity in Missouri, you must file a claim with the Office of Administration's Risk Management Division within 90 days of the accident:

• For claims for injuries on public property, use their Accident on State Property Loss Notice Form.
• For auto accident claims, you can refer to and use their In Case of Accident brochure.

For claims against St. Louis City, file a complaint with the appropriate department. Whether your claim is against the State or City, contact a St. Louis personal injury lawyer as soon as possible to ensure you file your claim correctly and on time.

When you file your claim, it's important to include all relevant information, including:

• The name and address of the injured party.
• A description of the time, place and circumstances of the injury.
• A statement of the nature of the claim and the damages sought.

It's important to refrain from taking any responsibility for your injuries. Claims against St. Louis City have involve special rules and laws involving municipal codes, and most of the time a dedicated St. Louis injury lawyer is needed to file the claim correctly and recovery maximum compensation.

What Damages Can Be Recovered from the City of St. Louis?

You can receive compensation for the following damages from the City of St. Louis:

Economic Damages

• Medical Expenses — These encompass bills for hospital stays, surgeries, doctor visits, medications, physical therapy and any future medical treatments related to the injury.
• Lost Wages — If your injury caused you to miss work, you can claim compensation for the income you've lost. This also includes any potential future earnings if the injury results in long-term disability.
• Property Damage — If St. Louis City's negligence or an entity under the city's jurisdiction, like a city vehicle, caused damage to your personal property, you have a right to compensation for repair or replacement costs.

Non-Economic Damages

While economic damages like medical bills or lost wages are easier to quantify, non-economic damages, such as pain and suffering or loss of life's enjoyment, are also part of the compensation for your injury claim. They are subjective and can vary based on the severity of the injury and its impact on your life.

Is There a Damages Cap for Claims Against Public Entities in Missouri?

Under Missouri Revised Statute §537.610, there is a damages cap for claims against public entities in Missouri. Those caps increase annually. The Missouri sovereign immunity limits for public entities in 2023 are:

• $3,258,368 for all claims rising out of a single accident or occurrence
• $488,755 for any one person in a single accident or occurrence

Call Burger Law for Your Personal Injury Claim Against the City of St. Louis

Suing a governmental entity like the City of St. Louis for personal injury introduces a unique set of challenges and legal intricacies. While you have the right to seek compensation for your injuries, the special laws and regulations concerning personal injury claims against the City of St. Louis usually require an experienced attorney's expertise.

If you or a loved one has been injured due to the negligence of the City of St. Louis or its employees, don't navigate this complicated legal terrain alone. Consult with an experienced St. Louis personal injury attorney who can guide you through every step, ensuring your rights are protected and you receive the compensation you deserve. Call Burger Law now at (314) 500-HURT or contact us online to get started today.