The Flint water scandal in Michigan has all the making of a mass class action lawsuit. Factors like insufficient danger signs thousands of potential victims and the possibility of a life-long health problem. But what's holding this from happening is that the plaintiffs are high ranking officials, and it's hard to get government liable for these damages.
State and federal government officials who are engage in their duties are immune from private lawsuits by a doctrine known as sovereign immunity. The doctrine simply states that the government itself cannot commit a legal wrong though exceptions already exist. While cities in the US are not considered to have the same status, they are still protected by state and federal law according to News Week.
It was back in 2014 when the people of Michigan use the river water as a source. But little did the residents know that it is more corrosive than its previous supply source and caused lead to leak from age old pipes straight down to the water that residents drank and use every day. Test showed an increase in lead levels in the bold samples from children in the city.
Despite concerns expressed by the residents regarding the issue, the government officials still insisted that the water is safe to use, and there is no cause for alarm. Because of the scandal, several employees and officials of the government had already resigned as reported by RT America .
In all the cases filed, the plaintiffs are asking for damages for the possible risk of health problems from the water source. Almost all lawyers point out that it will be a stiff mountain to climb when you go against the government but unfazed by the long road to victory, a team of Michigan lawyers is pushing creative arguments. A member of the Detroit's Goodman & Hurwitz firm, William Goodman and Michael Pitt recognized the burden and said that they are zigzagging around government's immunity.
