When you suffer a slip and fall accident on someone else’s property, it can result in devastating injuries. Luckily, you can bring a claim against the property owner to hold them liable for your injuries. But what happens when your slip and fall accident occurs on public property?
If you fall on public property in Texas, the government can be held liable for your injuries. However, it’s important that you adhere to the specific rules that apply when bringing a claim against the government.
The Statute of Limitations
There are certain procedural steps that must be taken in order to bring such a claim. Under state law, a person who is injured on public property must file a notice of claim with the government entity that was responsible for the property’s maintenance within six months from the date of the injury (the statute of limitations). If the victim fails to file their claim within that time period, they can be permanently barred from bringing one.
The Texas Tort Claims Act
Once you file a notice of claim with the government entity, the entity may fail to respond within a certain period of time or may outright deny the claim. When this occurs, the person may file a lawsuit in court to recover for their injuries. Still, under the Texas Tort Claims Act (TTCA), which oversees legal claims against Texas government entities, there is a limit to the damages that someone can recover.
Per the TTCA, a single lawsuit against a Texas government entity is capped at $250,000 per person for bodily injury or death, and $100,000 per incident for property damage. However, certain cases, including those that involve motor vehicles, have higher limits.
Cases against the government are different from those against private businesses or individuals. For the latter two defendants, the damages that can be recovered are dependent upon the facts and circumstances of the case, including the severity of damages the injured person suffered.
It should be made clear that even if someone has the right to bring a claim against the government, it doesn’t mean that they are going to win. The injured person has the burden of proving that the government was negligent in the maintenance of the relevant property and it was this negligence from which their injuries extended.
Any time you go up against the government, it can be difficult to win. With a complex legal process, it’s in your best interest to consult with a knowledgeable and experienced personal injury attorney.
The Attorneys at Rochelle McCullough Help Those in Dallas Who Have Been Injured in a Slip and Fall Accident
If you or a loved one has been injured in a slip and fall accident, it can have a serious impact on your life – and your finances. You should not be held responsible for anyone else’s negligence – even if it’s the government. You may be entitled to compensation. Be sure to speak with a qualified Texas personal injury attorney as soon as possible.
The lawyers at Rochelle McCullough help victims of slip and fall accidents to get their lives and their livelihood back on track. We will fight for your rights. To schedule a consultation, contact us today.