Experiencing an injury like a slip and fall is distressing, but the stress can multiply when it happens on public property. Navigating a personal injury claim in Texas involving a governmental entity is significantly different from suing a private person or company. If you've been hurt due to a hazard on property owned by a city, county, or state agency, you're likely wondering what your rights and legal options are.
The Legal Landscape: Sovereign Immunity
In Texas, government agencies are generally protected from lawsuits by a doctrine called Sovereign Immunity. This doctrine essentially shields the government from liability for negligence, meaning you cannot sue the government unless it has expressly given permission through a waiver. For injured individuals, the most crucial waiver is found in the Texas Tort Claims Act (TTCA).
The TTCA allows a person to sue a governmental unit (like a city or county) for personal injury or property damage caused by the negligence of a governmental employee under certain circumstances.
The Critical Hurdle: Timely Notice
One of the most significant challenges in a public property injury claim is the strict and unforgiving notice requirement. Unlike claims against private parties, which usually have a standard two-year statute of limitations, claims against a Texas governmental unit generally require you to provide written notice of your injury within a short window, often as little as 6 months from the date of the incident.
This notice must include specific details, such as the extent of your injuries, the time and location of the incident, and the identity of the government entity involved. Missing this deadline can permanently bar you from recovering compensation, regardless of the merits of your case.
Proving Liability
When you are injured on public property due to a hazardous condition, your claim often falls under premises liability or, more specifically, the government’s use or condition of property.
To win your case, you must prove that:
The government entity created the dangerous condition or knew (or should have known) about it.
The government failed to take corrective action, which led to your injury.
The injury was directly caused by the condition.
In public property cases, the government's duty to you depends on your legal status (e.g., invitee, licensee), and the government is often held to a different, sometimes stricter, standard than a private landowner. For instance, the government may only be liable for a defect if it rises to the level of a "special defect," such as an excavation or an obstruction that makes the property unreasonably dangerous.
Seeking the Compensation You Deserve
If your claim is successful, the Texas Tort Claims Act may limit the amount of damages you can recover. These limitations vary depending on the specific government entity you are suing (e.g., state, city, or emergency unit). However, compensation you may be entitled to generally includes:
Medical Expenses: Past and future hospital bills, rehabilitation, and therapy.
Lost Wages: Income lost due to being unable to work.
Pain and Suffering: Compensation for the physical pain and emotional distress you've endured.
An injury on public property shouldn't derail your life.
If you or a loved one has been injured on public property in Texas, don't face the complicated legal system alone. The stakes are too high to risk missing a critical deadline or mishandling the required legal notice. As your dedicated San Antonio Personal Injury Attorneys, The Packard Law Firm has the generations of experience and compassion to fight fearlessly for you. We are ready to review the specific circumstances of your fall and guide you through the claims process.
Call us today for a free, no-obligation consultation at (210) 972-8918.