A cracked sidewalk sends you to the emergency room. Defective playground equipment at a public park or school injures your child. A city truck runs a red light and totals your car. A hazard the city knew about and neglected to fix injures someone you love. In each of these situations, the party responsible is a government.
Missouri law starts from a simple premise: you cannot sue the city, the county or the state for personal injury unless the law permits you. That permission exists, but it comes with strict conditions and at least one deadline that can invalidate a claim in weeks. Here is what injured Missourians need to know, and why, in these cases, the clock matters more than most.
What Is Sovereign Immunity in Missouri?
Sovereign immunity, sometimes called governmental immunity, is the legal doctrine that protects governments from lawsuits. The City of St. Louis, St. Louis County, Jefferson County, the State of Missouri and other public entities are “sovereigns” under the law. By default, they cannot be sued for negligence.
The doctrine traces back to English common law and the idea that the king could do no wrong. Missouri has kept a version of it on the books through Section 537.600 of the Revised Statutes of Missouri, which preserves governmental tort immunity except where the legislature has expressly waived it.
In practical terms, you don’t have an automatic right to sue a government entity. Only a narrow set of legal exceptions allow it.
The 3 Exceptions: When You Can Sue the State, or Missouri Cities and Counties
Missouri statute waives sovereign immunity in three main circumstances.
1. A Dangerous Condition on Public Property
Cracked and crumbling sidewalks, broken stairs in city buildings, defective playground equipment, and hazards in public parks or schools can all constitute a dangerous condition.
Under RSMo 537.600.1(2), a public entity can be held liable when its property was in a dangerous condition, that condition directly caused the injury, the risk of that kind of harm was reasonably foreseeable, and the entity either created the condition or had notice of it in time to fix it or warn people. This is the exception behind most injury claims against government entities.
2. A Government Employee Causes a Motor Vehicle Accident
Under RSMo 537.600.1(1), sovereign immunity is waived when a public employee negligently operates a motor vehicle within the course of their employment and injures someone. For example, if a city dump truck rear-ends you or a county maintenance vehicle sideswipes your car and injures you, you can pursue a claim.
3. The Government Purchased Liability Insurance
A public entity that buys liability insurance waives its immunity up to the policy limits, for the types of claims the policy covers, under RSMo 537.610. Whether coverage exists and what it covers are matters an attorney investigates early in the case.
The 90-Day Notice Rule: The Deadline to Sue a City That Can End Your Case
Filing a lawsuit against a city starts with a deadline most people have never heard of.
A 90-day notice rule applies to injury claims against many municipalities in Missouri. The exact statute varies by the size of the city involved, but the pattern holds across most municipalities: before you can sue a city over an injury, you typically have to send written notice within 90 days of the injury for claims related to dangerous conditions of property.
The notice must state:
- The exact location of the dangerous condition alleged
- When it happened
- The character and circumstances of the injury
- That you intend to claim damages from the city
The official rationale behind the 90-day rule is that early notice gives the government municipality time to inspect and repair the hazard. In practice, this deadline can shut out otherwise valid claims. Many people don’t contact a lawyer until months after an injury, once treatment has run its course and the bills have piled up. The 90-day window may already be closed, and your claim may be permanently barred.
Two things to keep in mind for the deadline to sue the City of St. Louis:
- The 90 day rule applies only to claims for dangerous property, not to motor vehicle collisions.
- The clock starts on the date of injury, not the date you realize the city may be responsible.
If you or someone you know has been injured, contact Padberg Appelbaum Knepper as soon as possible. We can help you determine if you have a potential claim against the city and send the notice by certified mail immediately.
A Current Case Example: The May 16 St. Louis Tornado
Our firm is currently litigating a case that shows how these principles apply to a catastrophic event. Padberg Appelbaum Knepper represents Deborah Patrick in a wrongful death lawsuit against the City of St. Louis following the death of her father, Larry Patrick, in the tornado on May 16, 2025.
We allege that the city’s tornado siren system was defective, and that the defective siren system constituted a dangerous condition of public property. We are also alleging that a decaying tree in the city’s right-of-way, which the city had notice of, was a defective condition of city property. During the tornado, the tree was thrown into his home, and Mr. Patrick was killed. Mr. Patrick did not take shelter during the storm because the City’s tornado siren system did not activate.
This case is currently in its early stages. The City of St. Louis asked the court to dismiss the lawsuit before it could proceed, arguing that the tornado, not the defective siren system, was the true cause of Mr. Patrick’s death. Padberg Appelbaum Knepper opposed that motion, and the court has not yet ruled. As of August 25, 2026, the case remains pending, and every allegation must still be proven in court.
Common Injury Claims Against the State, Cities and Counties
Sovereign immunity questions come up in more cases than people expect. Claims our public entity lawyers regularly evaluate include:
- Playground injuries. Defective equipment and inadequate protective surfacing at public playgrounds or public school playgrounds fall under the dangerous condition exception.
- Sidewalk trip and falls. Cracked and uneven sidewalks are everywhere in St. Louis. The height of the defect matters, and very small height differences are difficult cases, but serious injuries on badly maintained walkways deserve a closer look.
- Injuries in city buildings and public spaces. Broken handrails, unsafe stairs and other hazards inside government-owned property, including public buildings such as libraries and public schools and universities.
- Crashes caused by government vehicles. City trucks, city and county maintenance vehicles, police vehicles, snow plows, and other public fleet accidents. (Motor vehicle claims do not carry 90-day notice claims).
Each of these carries its own notice requirements, deadlines and proof problems. Contact our personal injury law firm as soon as possible after an injury to avoid waiting too long to get legal advice, which can bar a valid claim before it’s ever filed.
Injured on Public Property in Missouri? Padberg Appelbaum Knepper Can Help
Claims against cities, counties and the state can be successful, but only when the procedural landmines are cleared early. As lawyers who sue municipalities, counties and other public entities across Missouri, the attorneys at Padberg Appelbaum Knepper know the deadlines that other firms sometimes miss.
If you need a lawyer to sue the city, or you are unsure whether your injury fits an exception, do not wait to find out whether the 90-day rule applies to you. An experienced public entity lawyer can preserve your claim before the window closes. Contact us today for a free and confidential consultation or call (314) 621-2900.
Frequently Asked Questions About Suing the City of St. Louis and Missouri Municipalities
Can you sue a city with sovereign immunity?
Yes, but only in limited circumstances. For example, Missouri law protects cities with sovereign immunity, and the City of St. Louis can only be sued when an exception applies: a dangerous condition on city property, a crash caused by a city employee driving a vehicle on the job, or coverage under a liability insurance policy the city purchased. The attorneys at Padberg Appelbaum Knepper evaluate which exception fits your situation during a free consultation.
Can you sue the government in Missouri?
You can sue a government entity in Missouri when one of the state’s sovereign immunity exceptions applies. That includes cities, counties, the State of Missouri and other public entities, such as school districts. RSMo 537.600 waives immunity for dangerous property conditions and negligent driving by public employees, and RSMo 537.610 waives it where liability insurance covers the claim. Because the government cannot be sued outside these exceptions, an early legal review of your case is essential.
Does the 90-day notice rule apply to car accidents with city vehicles?
No. The 90-day notice requirement applies to injuries caused by defective conditions of city or county streets, public playgrounds, sidewalks and similar government-owned property. It does not apply to crashes caused by city employees operating motor vehicles. Car accident claims against a Missouri city or county follow different rules, though acting quickly still protects evidence and strengthens your case.
Can you sue a city for a sidewalk injury in Missouri?
Yes. Injuries caused by cracked, uneven or crumbling sidewalks fall under Missouri’s “dangerous condition” exception to sovereign immunity. You must show the city or county created the hazard or knew about it in time to fix it or warn the public, and in St. Louis you must also send the 90-day notice letter to the mayor. Padberg Appelbaum Knepper handles premises liability claims involving public property throughout Missouri and Illinois.
Can you sue a city for a playground injury in Missouri?
Missouri law includes a “dangerous condition” exception to sovereign immunity that can apply to injuries from defective playground equipment on public property, which includes public schools. You’d need to show the equipment was genuinely hazardous, that it directly caused the injury, and that the public entity knew (or should have known) about the problem and failed to fix it. In St. Louis, you must also send the 90-day notice letter to the mayor.
Can you sue a city for emotional distress or pain and suffering?
When your claim fits a sovereign immunity exception, you can recover compensatory damages from a city, and those damages include pain and suffering. Missouri law does bar punitive damages against public entities under RSMo 537.610, and a lawsuit based only on emotional distress, without a physical injury tied to a dangerous condition or a government vehicle crash, is much harder to bring. An attorney can tell you which damages are realistic in your case.
Can you sue a city employee?
Sometimes, although city employees are often protected by a separate doctrine called official immunity, which shields public workers performing discretionary duties. In most cases, the stronger claim runs against the public entity itself rather than the individual worker. Crashes involving police officers raise additional legal issues and need their own analysis. Padberg Appelbaum Knepper reviews both the entity and the employee as potential defendants in every government injury case.
Can you sue a county in Missouri?
Yes. Counties are sovereigns under Missouri law, so the same three exceptions apply: a dangerous condition of public county property, a crash caused by a county employee driving on the job or liability insurance covering the claim. County cases often present additional hurdles compared to claims against cities, so early case screening matters. Padberg Appelbaum Knepper evaluates claims against counties throughout Missouri, including St. Louis County and Jefferson County.
What is the statute of limitations to sue a city in Missouri?
For most personal injury claims against a city, Missouri’s standard five-year statute of limitations applies (RSMo § 516.120). But many municipalities often have earlier deadlines built in, most notably a 90-day written notice requirement for property-defect claims, and some claim types, like wrongful death, have shorter three-year deadlines. Further, some claims, including claims arising from motor vehicle collisions against officers and their employers, must be filed within three years. Our Padberg Appelbaum Knepper attorneys can confirm the timelines that apply to your situation.
How much does it cost to sue the city?
Nothing upfront when you work with Padberg Appelbaum Knepper. Our firm handles injury claims against cities, counties and other government entities on a contingency fee basis, which means you pay only if we recover compensation for you. The case review is free and confidential. Call (314) 621-2900 or request a consultation online to find out whether your claim fits a sovereign immunity exception.