If A State Employee Is Negligent, Can The State Be Held Responsible?

by Friedman & Ranzenhofer, PC on December 28, 2011

in Buffalo Injury Questions and Answers

When a Buffalo personal injury lawsuit involves negligent conduct by a New York State employee, whether the State may be held responsible hinges upon the specific facts and circumstances of the lawsuit.  In some cases, the State may be immune from liability for the actions of an employee.  In others, damages may be pursued against the State.

One circumstance under which damages may be pursued against the State involves State run medical or residential facilities.  For individuals under the care of such a facility operated by the State, the State is required to exercise reasonable care to protect such patients and residents from being harmed.  The degree of care that must be exercised by the staff is determined by the capacity of the patient or resident to provide for his or her own safety, based on his or her physical and mental ailments as known to the employees at the facility. 

When an employee knows, for example, that a certain level of supervision of a patient is necessary but fails to provide it, the State may be held liable for that employees failure in a personal injury lawsuit.

If you or a loved one has suffered a personal injury, we would be happy to help you.  Please feel free to call us at 716-542-5444.

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