Which type of governmental function enjoys immunity from tort claims?

Governmental functions refer to activities that are conducted by a government entity as part of its essential duties and responsibilities, often for the benefit of the public, such as law enforcement, firefighting, and public education. These functions are generally protected by sovereign immunity which shields the government from being sued for tort claims arising out of its activities.

The rationale behind this immunity is rooted in the principle that government entities need the ability to operate without the fear of endless litigation affecting their ability to serve the public effectively. This is particularly relevant when the government is carrying out its duties to protect and serve its citizens.

In contrast, proprietary functions involve activities that could be performed by a private entity and do not enjoy the same level of immunity. These include services such as operating a water department or maintaining public parks, which are more akin to business operations rather than essential government functions. Understanding the distinction between governmental and proprietary functions is crucial in tort law as it informs how and when a government entity can be held liable for its actions.