Every year, hundreds of people in Houston and elsewhere in Texas suffer injuries caused by garbage trucks, public buses, police cars, ambulances, and municipal construction vehicles. Before 1969, victims were unable to claim compensation from local governments. Today they can file a claim under the Texas Tort Claims Act in many circumstances.
The Texas Tort Claims Act (TTCA) is a series of statutes that determine when the state, a city, county, or other government entity can be held liable for personal injury, deaths, or property damage. The TTCA limits liability in certain circumstances. However, it gives victims more protection than before its enactment when sovereign immunity provided complete protection against lawsuits being filed against governments.
Sovereign immunity is an ancient and unfair doctrine derived from the British common law and the idea that the monarch was above the law so could not be sued. Sovereign immunity was imported into U.S. law and protects many states. Sovereign immunity protects state divisions including hospitals, universities, and state boards. Subdivisions of the state including cities such as Houston, counties, and school boards are protected from lawsuits and liability by government immunity. The Texas Tort Claims Act allows lawsuits against state bodies, cities, counties, and other entities. However, making a claim is complicated and time is of the essence given the tight deadlines. You should talk to an experienced Houston injury lawyer to avoid making mistakes that could jeopardize your claim.
When is a Government Liable Under the Texas Tort Claims Act?
The Texas Torts Claims Act partially waives the state’s immunity to liability for wrongs committed by its “governmental units” and their employees. Governmental units include police and fire departments, hospitals, parking facilities, schools, jails, construction departments, airports, health and sanitation services, parks and zoos, community and senior services centers, and public transportation.
The TTCA recognizes two types of injuries, specifically:
-
- Injuries, deaths, and property damage from car accidents or “motor-driven equipment” accidents, and;
- Personal injury or death “so caused by a condition or use of tangible personal or real property,” which can include slip and fall injuries in public buildings. Property damage claims cannot be filed in premises liability cases against governments.
A government entity can only be held liable for injuries, deaths, or property damage caused by the wrongful act, omission, or negligence of workers acting within their “scope of employment.” The employee must have been liable as if they were a private person. This means there is no strict liability placed on government workers. If you end up injured on a Houston METRO bus, the city cannot be held liable if another driver caused the bus to crash.
Texas law defines “scope of employment” as “the performance for a governmental unit of the duties of an employee’s office or employment and includes being in or about the performance of a task lawfully assigned to an employee by competent authority.”
In other words, an employee must be working for a state or local government entity at the time of the accident for the Texas Tort Claims Act to apply. While a city may be held liable for injuries caused by a police car speeding to a crime scene, it will not be liable if a police officer assaults a concert-goer while he is performing weekend contract work for a private entity.
Local governments are typically only liable for accidents when performing core government functions that include police and fire protection, transportation, education, sanitation services, street and bridge construction, and other key areas.
Governments typically are not held liable for damage caused by potholes, damage and injuries from weather-related situations, non-mandatory functions in parks, and emergency situations. However, local governments may be held liable for drownings at poorly-supervised municipal swimming pools, attacks by police dogs during working hours, and the failure to clear snow or ice on major highways.
When Should a Notice be Filed Under the Texas Torts Claims Act?
If you believe you have a valid claim under the Texas Torts Claims Act, you have just six months to file it. The notice must describe the damage or injury claimed, the time and place of the incident, and the incident itself. Some cities require notification even sooner. The City of Houston requires written notice within 90 days of the incident.
This requirement means Texas Torts Claims Act cases carry a greater urgency than other personal injury lawsuits which must be filed within two years.
How Much Can You Recover Under the Texas Torts Claims Act?
The liability of the State of Texas under the Texas Torts Claims Act is limited by statute to $250,000 for each person and $500,000 for each incident involving a death or a bodily injury. Each incident causing property damage is limited to $100,000. The liability of a unit of local government, such as a sanitation department, a school board, or an emergency services organization, is limited to $100,000 per person, $300,000 per incident, and $100,000 for property damage.
The liability for a municipality such as a city is limited to $250,000 per person and $500,000 for an incident that causes injury or death. Property damage is limited to $100,000.
The complexity and time-sensitive nature of claims under the Texas Tort Claims Act highlight the importance of hiring an attorney who has handled many of these cases. Read the reviews of our satisfied former clients and contact our Houston-based personal injury team for a free consultation at (713) 888-8888.
