Public Entity Liability in Texas: When Cities or Counties Can Be Sued for Wrongful Acts
You were just injured. Maybe it was a city bus hitting your car, a trip over a county pothole, or a painful fall in a neglected park. Naturally, you think, “I need to sue to cover these costs.” However, in Texas, suing the government is nothing like suing a private citizen or a local business.
This is because of a law called Sovereign Immunity, which essentially says you can’t sue a city or county except under very specific situations. The Texas Tort Claims Act (TTCA) is the only door open to you. Texas lawmakers recognized that the public must be able to hold government responsible in specific, limited situations. However, the rules are strict, and the deadlines are shockingly short.
Suing a city or county in Texas isn’t easy without the help of an experienced Houston civil litigation attorney. At Roger G. Jain & Associates, P.C., we know how to hold governmental entities accountable. We know that dealing with sovereign immunity issues and the Texas Tort Claims Act can feel overwhelming, especially when you’re already coping with injuries or property damage caused by government negligence. Call our Houston civil litigation attorneys today!
What Is Sovereign Immunity?
Sovereign immunity is a legal rule that stops people from suing the government. The idea comes from old English law that said “the king can do no wrong.” In Texas, this means you usually cannot sue cities, counties, or other government entities for their actions.
This protection exists even when government employees make clear mistakes that would let you sue a regular person or business. While this might not seem fair, most states have similar laws. Texas law protects the government from lawsuits to prevent taxpayer money from going toward endless legal battles instead of public services.
The Texas Tort Claims Act: A Limited Exception
The Texas Legislature recognized that complete immunity could lead to unfair results. In response, lawmakers passed the Texas Tort Claims Act (found in Texas Civil Practice and Remedies Code Chapter 101). This law creates a narrow window where you can sue governmental entities, but only under specific circumstances.
When Can You Sue a City or County in Texas?
The Texas Tort Claims Act waives immunity in these situations:
Property damage, personal injury, or death caused by:
- A government employee’s negligent use of a motor vehicle while acting within the scope of employment
- Conditions or use of tangible personal property (like equipment or machinery), if the government would be liable under normal premises liability rules
- Premises defects, if a private property owner were liable under the same circumstances
The most common claims involve car accidents with city or county vehicles, dangerous conditions on government property (like unmarked holes in park walkways), or malfunctioning equipment maintained by the government.
What You Cannot Sue For
The Act specifically maintains immunity for many governmental activities. You cannot sue Texas cities or counties for:
- Discretionary acts (policy decisions made by officials)
- Issues arising from snow or ice on roadways
- Design decisions for highways or roads
- Failures to provide police or fire protection
- Injuries at public swimming pools or beaches
- Most claims involving utilities
- Wrongful death claims against individual government employees in their official capacity
So, even if a government decision hurts you, you may not always be able to sue. This is why hiring an experienced Houston civil litigation attorney is so important. They’ll dig into the details of your incident and help you determine if filing a lawsuit against the government is a possibility.
Damage Caps and Limitations
Even when the Texas Tort Claims Act allows a lawsuit, recovery is limited. The law caps state damages at:
- $250,000 per person
- $500,000 for a single occurrence
- $100,000 for property damage
These caps apply regardless of your actual losses. If your medical bills and lost wages exceed $250,000, you can only recover up to the statutory limit from the governmental entity.
If you were hurt by a local government entity, such as a city or county, the damage caps on your recovery are lower than state or municipal caps. For local governments, the limits are typically $100,000 per person and $300,000 per incident for bodily injury or death, with $100,000 for property damage.
Notice Requirements: A Critical Deadline
Texas law requires you to provide formal notice to the governmental entity before filing a lawsuit. You must file this notice within six months of the incident, unless the governmental entity has shortened the deadline by ordinance. The notice must include:
- A description of the injury or damage
- The time and place of the incident
- What happened and how it happened
Missing this six-month deadline typically destroys your claim entirely. Courts strictly enforce this requirement, and very few exceptions exist.
Contact Our Houston Civil Litigation Lawyers
If a government entity was involved in your accident, don’t assume you have no options. While sovereign immunity creates significant barriers, the Texas Tort Claims Act provides a path forward in specific situations. Contacting our law firm early is the key to exploring all of your legal options after a crash and ensuring that you meet every critical deadline.
At Roger G. Jain & Associates, P.C., we are ready to help you after a serious accident. From gathering evidence to holding government officials accountable, we’re here to protect your rights to compensation. Reach out to us online or call 713-981-0600 to get started.
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.
