Municipalities generally enjoy some form of governmental immunity, rooted in the same sovereign immunity concept that protects state and federal governments, though the scope and exceptions vary by state. Most states have passed a tort claims act that defines when and how a city can be sued, often distinguishing between 'governmental' functions (like police protection or general city planning), which tend to retain broader immunity, and 'proprietary' functions (like operating a utility), which are often treated more like ordinary business activity with less immunity.

This distinction matters significantly: a slip-and-fall on a poorly maintained public sidewalk might be treated differently from an injury connected to a discretionary policy decision made by city officials, even though both could be framed as 'negligence.'

Frequently litigated categories include dangerous or poorly maintained public property (sidewalks, roads, public buildings), motor vehicle accidents involving city vehicles or employees acting within the scope of employment, and negligent maintenance of public utilities or infrastructure. Claims involving a city's exercise of discretionary judgment — like how to allocate limited police resources — are often much harder to bring because of broader immunity for discretionary decisions.

Whether a specific type of harm fits into a category the city's tort claims act allows to be sued over is often the first and most important question in evaluating a potential claim.

Most states require a formal notice of claim to be filed with the city within a short window — often a matter of months — before a lawsuit can be filed, and this deadline is frequently much shorter than the general statute of limitations for negligence claims against private parties. Missing this notice period is one of the most common reasons valid claims against cities are dismissed.

Many state tort claims acts also cap the total damages recoverable against a municipality, and some exclude certain categories of damages, like punitive damages, entirely. These caps can significantly affect the value of a claim compared to an equivalent claim against a private defendant.

Given the short notice deadlines, documenting the incident immediately — photos of the hazard, witness information, and any communication with city officials — and contacting an attorney promptly gives the best chance of preserving the claim. An attorney can help determine whether the specific harm falls within the city's waiver of immunity and what procedural steps are required.

Because these cases combine ordinary negligence principles with municipal immunity law, they are often handled by attorneys with specific experience in claims against government entities rather than general personal injury practice alone.