Articles Posted in Government Liability

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In May 2019, the state’s high court issued a written opinion in a Texas wrongful death case discussing whether an off-duty officer could be held individually liable after he shot and killed a suspect while attempting an arrest outside the officer’s jurisdiction. Under the state’s election-of-remedies provision of the Texas Tort Claims Act, the court determined that the officer could not be held liable in his individual capacity.

Under the election-of-remedies provision of the Texas Tort Claims Act, government employees cannot be held individually liable for injuries they cause to others under certain circumstances. Specifically, an injured victim cannot hold a government employee personally liable when:  1.) the employee’s actions were conducted within the scope of their employment, and 2.) the case could have been brought against the government.

According to the court’s recitation of the facts, the plaintiffs’ son was shot and killed by an off-duty officer (the defendant) during an attempted arrest that occurred outside the defendant’s jurisdiction. The plaintiffs filed a wrongful death lawsuit against the officer in his individual capacity.

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The state’s high court recently ruled in a Texas personal injury case involving the notice requirements in lawsuits against government entities. According to the court’s opinion, two individuals were riding on a motorcycle when they hit a large mound of dirt on an unlit asphalt road in Killeen, Texas. While both driver and passenger initially survived the crash, they ultimately died as a result of their injuries. The accident victims’ relatives sued the city, claiming that the mound of dirt was a “special defect” for which the city was responsible. The city argued that the plaintiffs failed to give formal notice of the claim, as required under the Texas Tort Claims Act. In response, the plaintiffs argued that the city already had actual notice of the claim and therefore the plaintiffs should be excused from providing additional notice.

Under section 101.101(a) of the Texas Tort Claims Act, a claimant must provide a government entity with notice of a claim against it within six months of the “incident giving rise to the claim.” The notice must describe the incident, the time and place where the incident occurred, and the damage or injury that resulted. However, under section 101.101(c), a claimant does not need to provide notice if the governmental entity has “actual notice” that the claimant was injured, the claimant’s property was damaged, or that a death has occurred.

In a 2004 Texas Supreme Court case, the court held in order to have actual notice, the government must be subjectively aware of its alleged fault in the resulting death, injury, or property damage. The plaintiffs argued that the case should be overturned because this requirement was not part of the statute. However, the court declined to overturn its previous decision, and held that in this case, the city had actual notice.

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The Texas Supreme Court recently issued an opinion in a Texas personal injury case involving the death of a 19-year-old pregnant woman who fell into a dam near Fort Worth. According to the court’s opinion, the woman tried to walk across the dam when she slipped and fell into the river and drowned. She was five months pregnant at the time. The woman’s parents sued the local water district, which built and maintained the dam, alleging that it was at fault for their daughter’s death. The water district, which is considered a governmental entity, claimed that it was immune from suit for that reason. The plaintiffs claimed that the district was not immune from suit because the claim fell under a specified waiver of immunity.

Governmental immunity generally protects political subdivisions of the state, including cities and counties. However, there are exceptions to the general rule of immunity. For example, the state is not immune for claims involving “use of publicly owned automobiles, premises defects, and injuries arising out of conditions or use of property.” Under section 101.056 of the Texas Tort Claims Act, there is an exception to waivers of immunity if the claim is based on:

(1) the failure of a governmental unit to perform an act that the unit is not required by law to perform; or

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Late last month, a state appellate court issued a written opinion in a Texas car accident case requiring the court to determine if the plaintiff’s case against the defendant city should proceed toward trial over the city’s motion for summary judgment. In its motion, the city claimed it was entitled to government immunity because it did not have notice of the fallen stop sign that allegedly caused the accident in which the plaintiff was injured. Ultimately, the court rejected the city’s argument and denied its motion because there were disputed facts regarding the applicability of immunity in the case.

The Facts of the Case

The plaintiff was injured when she was side-swiped while driving through an intersection in Houston. The plaintiff was traveling northbound at the time of the accident. At this specific intersection, traffic traveling in the east-west direction did not have a stop sign. There was a stop sign for both northbound and southbound traffic, which is where the dispute between the parties arose.

After the accident, the plaintiff filed a personal injury lawsuit against the city, claiming it was liable for her injuries because the stop sign for northbound traffic had been knocked over and was lying on the ground after the accident. The city claimed that the sign was not knocked down, and was visible at the time of the accident.

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Earlier this year, the Supreme Court of Texas issued a written opinion in a case involving a fatal Texas pedestrian accident, requiring the court to discuss the damages cap provision of the Texas Tort Claims Act (TTCA). Specifically, the court had to determine if the damages cap provision applies individually or cumulatively in cases involving several independent contractors. Ultimately, the court concluded that, when a contractor is performing an essential government function, the damages cap applies cumulatively to all defendants.

The Facts of the Case

The plaintiff was the surviving daughter of a woman who was struck and killed by a public bus in Fort Worth. The bus was driven by a man who was employed by a company that was an independent contractor that provided drivers for Fort Worth’s public transportation system.

The plaintiff brought a Texas personal injury claim against several parties, including the driver, the driver’s employer, and the Fort Worth Transportation Authority (FWTA). The FWTA is a regional transportation authority that provides for all of the public transportation needs of the city. The plaintiff claimed that each of the organizational defendants was vicariously liable for the driver’s negligence.

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Injury claims against Texas government entities can be complicated, since many agencies are protected by governmental immunity, precluding recovery in some situations. However, there are certain exceptions that can allow plaintiffs to successfully file a claim against a government entity.In a recent case before the Texas Supreme Court, a plaintiff brought a Texas personal injury claim against Harris County after she was shot by an off-duty officer in a road rage incident. The County argued that it was protected by governmental immunity, but the plaintiff argued that the claim fell under an exception because the officer was using a personal firearm. She alleged that the County’s use of tangible personal property caused her injuries. She argued the County’s use of tangible personal property was the County’s decision to hire the officer and to allow him to possess the gun as a firearm.

Governmental Immunity

Under Texas state law, governmental immunity protects political subdivisions of the state from legal liability. This includes counties, cities, and school districts. However, the Texas Tort Claims Act waives immunity for certain claims that would normally fall under the general grant of governmental immunity.

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When someone is injured due to the allegedly negligent act of a government employee or entity, they may be entitled to compensation for their injuries through a Texas personal injury lawsuit. However, as a general rule, government entities are not liable for injuries caused by their negligent actions related to carrying out government business. In some specific situations, however, government immunity is waived. This is normally through statutorily defined exceptions contained in the Texas Tort Claims Act (TTCA).In order for an accident victim to pursue a valid claim against a government entity, the victim must comply with the procedural requirements set forth in the TTCA. One of the major requirements of the TTCA is the notice requirement. As a general rule, notice must be provided to the agency that is being named as a defendant. However, in some cases, notice need not be provided if the agency has actual notice through other means.

Courts have held that a government can be said to have actual notice of a potential claim if the agency has subjective knowledge that there was an accident involving death or injury, the government agency’s fault contributed to the accident, and the government knows the identity of the parties. A recent case illustrates how courts strictly interpret this requirement, and how an accident victim’s failure to comply with the requirement may adversely affect their case.

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