Sometimes when a person is injured due to someone else’s negligence, the at-fault party that caused the injury turns out to be a local government. For example, a local municipality program, policy, or employee may have created the conditions for an accident that led to a person’s injury.
In such a case, the injured person may have a right to file a personal injury claim and hold the municipality accountable. But suing a Texas local government and pursuing compensation is more complex and restricted than similar personal injury claims against individuals.
If you have been injured by a municipal employee or on city property in Texas through no fault of your own, you should speak to an experienced personal injury lawyer as soon as possible. It may be possible for you to seek compensation for your losses if you act promptly.
At Kraft & Associates, P.C., our Dallas personal injury lawyers can advise you about your legal rights. Our attorneys are all fully licensed to practice in Texas state courts and in the federal courts of the Northern District of Texas. We have a detailed understanding of the Texas Tort Claims Act and the rules and regulations that apply to claims against a Texas local government. Phone (214) 999-9999 or contact us online today.
When Can a City Be Sued for Negligence?
Technically, state and local governments are shielded to a degree from accident liability because of the doctrine of sovereign immunity. That says a government cannot be sued without its consent. Texas has modified its sovereign immunity. The Texas Tort Claims Act permits lawsuits against governmental entities in limited, specific circumstances.
A Texas municipality is only liable for personal injury, death, or property damage when such injury or loss is caused by:
- The use or operation of a motor-driven vehicle or motor-driven equipment, and in other circumstances the municipal employee involved would be personally liable according to Texas law.
- The condition or use of tangible personal or real property, and the municipality would be liable if it was a private person.
The reference to motor-driven vehicles or motor-driven equipment in the Texas Tort Claims Act makes municipalities liable for injuries or deaths in traffic accidents caused by vehicles and equipment performing governmental functions, such as:
- City vehicles, including car accidents and truck accidents
- Public transportation, such as buses and trains operated by Dallas Area Rapid Transit (DART)
- Garbage and recycling collection trucks
- Ambulances
- Excavators
- Backhoes
- Bulldozers
- Motorized pumps and similar equipment
The reference to real property in the Texas Tort Claims Act makes municipalities liable for injuries caused by the condition of land or buildings owned or operated by the city.
Texas premises liability law holds that real property owners must ensure that their premises are safe for visitors or must provide adequate warning that a safety hazard exists. When hazards occur, such as a wet floor in a city office creating a slip and fall hazard, the owner/operator of the property must address the hazard or post a warning in a reasonable amount of time.
Real property or premises liability accidents also include:
- Escalator and elevator accidents
- Public swimming pool accidents
- Snow and ice accidents
- Inadequate security, such as at city-sponsored events.
The reference to personal property in the Texas Tort Claims Act makes municipalities liable for injuries caused by negligence in the use of certain items that can be handled, touched, or seen. These may include:
- Traffic or road signs, signals, or warning devices if they malfunction or are destroyed or removed and the malfunction or absence is not corrected by the municipality within a reasonable amount of time.
- Police dogs and other animals owned by a municipality
- Personal protective equipment.
Suing the Government for Personal Injury Requires a Notice of Claim
Texas law has waived municipal government immunity in some cases and established procedures and deadlines for suing local governments.
Under the Texas Tort Claims Act, if you have a claim against a local government, you must notify the governmental entity of your intent to sue. The state law provides six months, but local municipalities are free to adopt their own deadlines, which may be stricter.
Dallas and other major cities in Texas allow 90 days from the date of injury to file a notice of a personal injury claim. Some cities have set 45-day deadlines. Each municipality is free to state its requirements for what a notice of claim must state and dismiss any not filed correctly.
Statute of Limitations for Suing a Texas Government
On any personal injury claim, Texas applies a two-year statute of limitations. If your lawsuit is not filed within two years from the date of the accident, you may lose the right to bring a claim.
Two years may seem like plenty of time, but investigating an accident, gathering evidence, and preparing a personal injury lawsuit take time. There are many ways for those on the other side of the table to obstruct our efforts or create delays in hopes of running out the clock on a personal injury case.
Contact a Lawyer for Help with Your Personal Injury Claim Today
You may have a right to seek compensation if you have been injured or have had property damaged because of someone else’s negligence. But if a municipality or other local government is involved, Texas law provides protections that make it more complicated to pursue accountability.
It is important to meet with a personal injury attorney as soon as possible to evaluate your claim against a Texas municipality. Do not wait. Contact our Dallas personal injury lawyers today by calling (214) 999-9999. You can submit a case evaluation request online or email us at kraftlaw@kraftlaw.com.
