Governmental Immunities: - Minnesota County Attorneys Association

The public duty doctrine is a vital doctrine that acts to bar suits based on duties owed to
the public at large rather than individuals. Whenever a claimant asserts a claim based
upon violation of a particular statutory provision, careful attorneys and claim
representatives will scrutinize the claim to determine whether the statute referred to
creates a "special" or instead a "public" duty.
CONCLUSION
The numerous immunities available to governmental defendants form a maze for those
defending governmental claims and those prosecuting them alike. Those unfamiliar with
them can face a nightmare. Without careful analysis one may confuse separate immunity
doctrines, fail to recognize the applicability of doctrines to specific cases, and fail to
recognize the unique effects that assertions of immunity can have on the procedural
manner in which a case proceeds. The application of immunities to specific cases should
be considered from the inception of the case. Governmental entities have arguable
immunity defenses in nearly every case and aggressive use of immunities in defending
cases can deflect a very high percentage of claims and cases brought against
governmental entities.
Governmental Immunities Handbook
Kenneth H. Bayliss
Quinlivan & Hughes, P.A. © 2010
45