Sovereign immunity is a legal principle that protects government entities from being sued without their consent. In Texas, this principle is enshrined in the Texas Tort Claims Act (TTCA). The TTCA establishes the circumstances under which a government entity can be held liable for damages caused by their employees' negligence or wrongful acts.
Under the TTCA, the government entity must waive its immunity, either expressly or implicitly, for a lawsuit to proceed. There are several exceptions to sovereign immunity, including cases involving motor vehicle accidents, premises liability, and personal injury or death caused by the government entity's use of tangible personal property.
Additionally, the TTCA imposes a cap on the amount of damages that can be recovered from a government entity. The cap varies depending on the type of claim and the severity of the injuries. For example, the cap for claims involving personal injury or death is $250,000 per person and $500,000 per incident.
It is also important to note that the TTCA has strict notice requirements that must be followed before filing a lawsuit against a government entity. Specifically, the plaintiff must provide written notice of their claim to the government entity within six months of the incident.
In summary, sovereign immunity in Texas provides protection for government entities from being sued without their consent. However, the Texas Tort Claims Act establishes exceptions to sovereign immunity, such as in cases of personal injury, premises liability, and motor vehicle accidents. Additionally, there are caps on the amount of damages that can be recovered, and strict notice requirements must be followed before filing a lawsuit against a government entity.
Many personal injury lawsuits fall within the exceptions to sovereign immunity, and The Bryant Law Firm has the experience you need to bring a successful suit against a government entity that may have caused an injury to you or someone you love. Contact us for a free consultation to discuss your case today.
When it comes to premises liability lawsuits in Texas, there are two main theories of liability: negligence and strict liability. While negligence requires a plaintiff to prove that the defendant was negligent in their duty to maintain a safe property, strict liability imposes liability on the defendant regardless of whether they were negligent. In this blog post, we will focus on explaining what strict liability is in the context of premises liability lawsuits in Texas.
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A premises liability lawsuit is a legal claim brought against a property owner for failing to maintain safe conditions on their property, resulting in harm to a visitor. Premises liability applies to all types of properties, including residential, commercial, and public properties. When a property owner fails to take reasonable steps to ensure the safety of their property and a visitor is injured as a result, they may be liable for premises liability.
Read MoreWhen it comes to premises liability lawsuits in Texas, there are two main theories of liability: negligence and strict liability. While negligence requires a plaintiff to prove that the defendant was negligent in their duty to maintain a safe property, strict liability imposes liability on the defendant regardless of whether they were negligent. In this blog post, we will focus on explaining what strict liability is in the context of premises liability lawsuits in Texas.
Read MoreA premises liability lawsuit is a legal claim brought against a property owner for failing to maintain safe conditions on their property, resulting in harm to a visitor. Premises liability applies to all types of properties, including residential, commercial, and public properties. When a property owner fails to take reasonable steps to ensure the safety of their property and a visitor is injured as a result, they may be liable for premises liability.
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