Virginia
How Bishop v. State of Michigan applies in Virginia: state-specific rules, key cases, and bar exam notes for Torts.
Virginia law recognizes the principle of governmental immunity but allows exceptions in cases involving willful negligence or failure to perform a mandatory function. This reflects a careful balance between protecting state resources and ensuring accountability in the event of negligence.
In Virginia, the general rule is that public entities are immune from tort liability; however, they may be liable for injuries caused by negligent acts in the performance of a ministerial duty.
Held that a municipality could be liable for failing to properly maintain public roads, establishing a standard for ministerial duties.
Confirmed that public officials are liable for acts done outside the scope of their protected immunity or in cases of gross negligence.
Determined that schools could be held liable for negligence when failing to uphold a duty of care, particularly in keeping premises safe for students.
Virginia’s approach emphasizes governmental immunity more than federal tort claims typically do, reflecting a more protective stance for state entities. Unlike the Federal Tort Claims Act, which allows for greater claims against the government, Virginia’s immunity rules are significantly stricter.
Understanding governmental immunity is vital for Virginia bar exam takers, as it frequently appears in essay and multiple-choice questions related to torts and public entity liability.