Injured Inmate May Collect From State

A recent Wisconsin Supreme Court decision correctly ruled that an inmate injured due the negligence of another inmate may collect damages. In a 4-3 decision, the Supreme Court upheld the appellate court and trial court in finding that "governmental immunity" did not extend to an inmate who disregarded the most basic rules dismantling horse stalls at Wisconsin State Fair Park.

The case delivers a blow to the oft-used and ever-extending scope of governmental immunity. In general, government employees are immune from negligence lawsuits if there actions were done in course and scope of their employment. However, this is not true if the act causing the negligence was "ministerial" in nature; meaning, the task was so specific and concrete that it does not require the use of discretion. Immunity also does not extend when the government employee acts in the facts of a "known danger".

Perhaps this decision will force governmental agencies and their attorneys to more readily consider settlement of smaller claims without protracted litigation. Whatever the effect, the Court seemingly made it clear that exceptions to governmental immunity are alive and well, and that cases against governmental entities may be more viable in the future.

If you or anyone you know has questions regarding an injury caused by a governmental agency, please contact the Warshafsky Law Firm to discuss your rights.