Articles Posted in Motorcycle Accident

There have been several important cases regarding the Texas Tort Claims Act in 2009. As you may recall, the Texas Tort Claims Act governs the liability of governmental entities. Under Section 101.021 of the Civil, Practice and Remedies Code, the Texas Tort Claims act lays out the conditions under which a person may sue governmental entities with caps of $250,000 – $500,000 for bodily injury or death. A San Antonio personal injury attorney can guide you through the intricacies of pursuing a governmental entity for negligence.

According to the Act, the personal injury must have been caused by a condition or use of tangible personal or real property.

In one case, a family of a Dallas inmate who committed suicide with a corded telephone on his cell sued the county for negligence. The Texas Supreme Court ruled that governmental immunity was not waived because the inmate’s use of the telephone cord did not constitute a condition or use of tangible personal property within the definition of the Texas Tort Claims Act.

In our last entry, BLF discussed the trends in San Antonio and greater Texas personal injury cases involving parental liability for the negligent acts of their children. We covered parental liability for the use of dangerous instruments especially where the parent(s) know their children are using dangerous instruments and may have violent tendencies. The common dangerous instruments are ATVs and guns, including non-lethal paintball guns.

In this entry, we discuss claims involving a minor’s use of an automobile (including motorcycles) which harms another. The common tort for a parent’s civil liability is known as a claim for negligent parental entrustment of a motor vehicle. The basis for such a claim is two-fold. First, the parent must have exercised some control over the vehicle. Second, the parent must know of a child’s tendency to drive recklessly.


The fact that a parent owns a vehicle under many Texas Supreme and state court decisions is not enough to qualify under the claim of negligent parental entrustment. In fact, many courts throughout the nation have stated that a parent may have to be physically present while the child was operating the vehicle in order to hold the parent liable for negligent entrustment of a motor vehicle. You should consult with a personal injury for the latest requirements on a negligent entrustment claim.

Your child has committed some form of negligence in Texas resulting in a personal injury to another person. Are you as the parent responsible for your child’s negligence ? To what degree ? These are common questions being played out by San Antonio and greater Texas personal injury attorneys throughout the state and nation.

When faced with potential causes of action against parents of children who have committed negligent acts, several theories of liability may be utilized. The first theory is a failure of the parent(s) to supervise. The second theory is the parent allowing a child to operate a motor vehicle or dangerous objects. The final theory of liability surrounds personal injuries from drug or alcohol intoxication .

Several states subscribe to the rule that parents cannot be held liable for a failure to properly supervise their children. Yet there are certain situations in which a parent could very well be held civilly liable for the actions of their children. Those situations arise where parents negligently entrust their children with “dangerous instruments”.

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