Public entities are immune from negligence claims arising from governmental functions unless what condition is met?

• A. A special relationship creating a specific duty to protect that individual exists
• B. The entity is acting in a proprietary capacity
• C. The injury occurred from a policy decision
• D. The claimant is a resident of the municipality

Answer: (A)

Public entities are generally immune from negligence claims when they are performing governmental functions. The key exception is when a special relationship exists that imposes a duty to protect the particular individual. In other words, if the government has assumed responsibility for that person’s safety or has undertaken to provide protection or警 warning and the person relies on that undertaking, a duty arises and immunity can be lifted.

So the condition that matters is the existence of a special relationship creating a specific duty to protect that individual. Without such a relationship, the government’s immunity applies. Statements about acting in a proprietary capacity or about policy decisions don’t establish that personal duty in the same way, and residency is irrelevant.