Sidewalk and Public Property Falls in Wyoming

Wyoming governmental entities are not liable under the Governmental Claims Act for damages caused by a defect in the plan or design of a sidewalk, street, alley, highway, bridge, culvert or parking area, by a failure to construct or reconstruct one, or by its maintenance (including maintenance for weather conditions). The statute read does not address liability of the owner of property next to a sidewalk.

Under the Wyoming Governmental Claims Act, which covers both the state and local governments, no lawsuit may be brought unless an itemized written claim stating the time, place and circumstances, the claimant's name and address, and the amount demanded is presented within two years of the act or omission (or within two years after discovery in limited cases). Claims against a county are filed with the county clerk, against a city or town with the city or town clerk, and against other local entities at their business office; local governments need not act on the claim before suit. The lawsuit must be filed within one year after the claim is filed. Liability is capped at $250,000 per claimant and $500,000 for all claimants from one occurrence, unless the entity's insurance extends it.

Under the Wyoming Governmental Claims Act, no lawsuit may be brought unless an itemized written claim is presented to the government entity within two years of the act, error or omission (or up to two years after discovery if it was not reasonably discoverable). Claims against the state go to the general services division of the Department of Administration and Information; claims against other entities go to their business office (for example, the county clerk). The lawsuit must then be filed within one year after the claim is filed. Liability is capped at $250,000 per claimant and $500,000 per occurrence, unless the entity has insurance with higher limits.

Four years for an injury to the rights of the plaintiff not arising on contract, which covers most negligence-based injury claims. Assault or battery (other than sexual assault), libel, slander, malicious prosecution and false imprisonment have a one-year deadline.