PUBLIC AUTHORITY IIMMUNITY FROM NEGLIGENCE LIABILITY: UNCERTAIN, UNNECESSARY, AND UNJUSTIFIED

Abstract

The author argues that the scope of public authority negligence immunity is uncertain to the point of meaningless. Next, the author suggests that a proper definition of proximity renders the immunity concept superfluous. Finally the author argues that when proximity is established as it would be established in a private party action, it is wrong to immunize the public authority. The historical foundations of immunity are suspect. Immunity should not apply to basic negligence issues that lie at the heart of the courts’ institutional competence. Public authority immunity should be abolished.