Under the Missouri Tort Claims Act, the state and local governments are immune to common law claims against them. There are, however, a few notable exceptions. In the event that a Missouri government agency or employee commits a negligent act or omission that injures someone else, it is within the victim’s rights to file a lawsuit seeking damages from the party at fault. Here are the exceptions to sovereign immunity, as stated in Section 537.600 of the Missouri Revised Statutes:
If a public employee, within the course of employment, injures someone while operating a motor vehicle or motorized vehicle. The on-duty public employee must be guilty of some negligent act or omission that caused or contributed to the auto accident for a plaintiff to file a claim against the government.
If a dangerous condition on a public entity’s property caused a related accident and injuries. The injured party will have to prove that the dangerous condition presented a reasonably foreseeable hazard, and that a negligent act, omission, or wrongful act on the part of the defendant contributed to the incident.
Government entities are vicariously liable for the actions of their on-duty employees, just as all employers are to their employees in the state of Missouri. However, the employee must have been performing job-related tasks at the time of the incident for the injured party to have grounds to sue the government. Otherwise, the victim may only have the right to file a claim with the individual’s insurance company.