Houston Public Property Injury Lawyer

While going about your daily life, you could find yourself injured by the environment around you. In some cases, it might be clear who caused the accident and how, such as a car accident with another driver, but other circumstances could be less clear.

For example, if you slip and fall somewhere out in public, you might wonder if a business owner or a government entity should have made the area safe. If you get hurt on a sidewalk, a public park, or somewhere else where the government might have liability, a Houston public property injury lawyer could help you get compensation for your injuries.

Property Owner Lawsuits

Premises liability describes the responsibility a property owner has to others on their property. Business owners owe a certain duty of care to customers and other business invitees, and residential owners have a duty not correct any hazards on their property or provide warnings.

If a person is injured on someone else’s property, then the property owner might have owed them a duty and have responsibility for the injuries. Trespassers do not get this protection in most situations.

Premises liability derives from negligence—which requires a duty of care, breach of that duty, causation, and damages—though with the twist of establishing the level of care based on the property owner’s relationship with the victim (invitee, trespasser, etc.). You could have a scenario where you are not a customer of a business but in a different role, which could affect the analysis of what the owner should have done to keep you safe.

Importantly, this general framework of liability changes when dealing with a government holding public property. Fortunately, a Houston lawyer can make sure you know the special rules for bringing a claim against the government for public property injuries.

Holding Government Entities Accountable for Injuries

States have general sovereign immunity from lawsuits, but all states waive that immunity to a degree to allow claims. In Houston, the Texas Tort Claims Act allows the state and city governments to be sued in certain circumstances, such as a claim based on premises liability.

This Act sets the duty of care for a government entity maintaining a property and creates procedural requirements for bringing a claim. First, you must provide a notice of your claim to the applicable governmental unit within six months of your injury. As required by Texas Civil Practice & Remedies Code § 101.101, your notice must detail what happened, where, when, and what damages you seek.

For the city of Houston, the timeframe for providing notice becomes even shorter, as laid out by Article IX, Section 11 of the City Charter. Instead of a whole six months, you only have 90 days to give notice to the city, after which city officials will review your claim and give an answer. If your claim is denied, you can then file a lawsuit in court.

Once you have either a successful claim or a lawsuit pending, you should know that your damages can be limited. You might claim damages for things like medical costs and pain and suffering, but the Tort Claims Act caps damages for claims against the government. For bodily injury, claims against the state government and municipalities are capped at $250,000 per person, as set by Code § 101.023.

There are also some situations in which the Tort Claims Act might not apply at all, such as if a local government acts outside of its governmental functions. Consulting a public property injury attorney in Houston can ensure that you know how to bring your claim against the proper government entity.

Learn More About Public Property Injury Claims With a Houston Attorney

Getting injured already takes a toll, but not being able to get compensation because you had an accident on public property can be devastating. By seeking help from a Houston public property injury lawyer quickly, you might be able to preserve your ability to claim damages.

Our personal injury attorneys at Schechter, Shaffer & Harris, LLP can work with you to get your claim in on time, as well as navigate any other hurdles along the way. Call for a free consultation on your case today.