If you’ve been injured while in prison or jail, you may be wondering if you have any legal recourse. The answer depends on several factors, including who is at fault for the injury and whether or not the prison enjoys sovereign immunity. In this blog post, we’ll explore these issues and give you some guidance on what to do if you’ve been injured while in state or county custody.

CO Violence & Inmate on Inmate Injuries

Inmates in American prisons and jails suffer some of the highest rates of violence in the country. This is often due to inmate-on-inmate violence, but correctional officers can also be guilty of abuse and neglect. For example, if you slip and fall on a wet floor that should have been cleaned up or sustained injuries in a fight because guards failed to break it up properly, you may have grounds for a lawsuit against the prison itself.

When a Jail or Prison Is Responsible

When an inmate is injured in custody, it can often be difficult to determine who is at fault. If the injury occurred due to violence from another inmate, it may be difficult to prove that the prison was aware of the risk of violence and failed to take steps to prevent it. Similarly, if an injury occurred due to negligence on the part of prison staff, it can be difficult to prove that the staff knew or should have known about the dangerous or hazardous situation and failed to improve it.

Factoring In Sovereign Immunity 

In most cases, state and local governments enjoy what’s known as “sovereign immunity” from lawsuits seeking damages for personal injuries. But there are exceptions to this law and it may not apply if your case meets certain criteria – for example, if the injury was caused by gross negligence or intentional misconduct on the part of prison staff members. If sovereign immunity does apply in your case, you may still be able to recover damages through what’s known as a “tort claim” filed with the government entity responsible for the prison. 

When Is It Time For You To Call a Personal Injury Lawyer?

If you’ve been injured while incarcerated, it’s important to speak with an experienced personal injury lawyer who can help you understand your legal rights and options and determine whether filing a suit is right for you. Call our office today for a consultation by dialing 530-895-1234.