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 Travis County, a bicyclist sued UT Austin when his bicycle collided with a metal chain, which threw him off the bicycle and caused personal injuries. The Appellate Court held that the chain could cause an unreasonable risk of harm , and the university had a duty to warn of dangerous conditions caused by the chain. For bicycle and motorcycle injuries in San Antonio , consult with a vehicular accident injury in Texas.
In another case in Brazoria County, the Court held that a laborer who was injured when the floor in the jail collapsed failed to give proper notice to the county of his negligence and premises liability claims as required under the Texas Tort Claims Act. This case is a grave reminder that if you have been injured and wish to sue a governmental entity, you must give the proper notice in order to file suit. Consult with a San Antonio personal injury attorney on the Texas Tort Claims Act today.